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WHISENHANT v. STATE

6 Div. 634.

370 So.2d 1080 (1979)

Thomas Warren WHISENHANT v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied March 27, 1979.

Attorney(s) appearing for the Case

Morris S. Dees, John L. Carroll, Dennis N. Balske, Montgomery, for appellant.

William J. Baxley, Atty. Gen., and James F. Hampton and J. Anthony McLain, Asst. Attys. Gen., for the State.

HARRIS, Presiding Judge.

This is a death penalty case. Appellant was indicted on May 7, 1977, by the Grand Jury of Mobile County for the rape and intentional killing of Cheryl Lynn Payton. The indictment was in three counts, but, at the conclusion of the trial, the trial court struck the third count.

Omitting the formal parts of the two counts upon which appellant was tried read as follows:

"The Grand Jury of said county charge, before the finding...

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