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WHISENHANT v. STATE

78-426.

370 So.2d 1106 (1979)

In re Thomas Warren WHISENHANT v. STATE of Alabama. Ex parte STATE of Alabama ex rel. ATTORNEY GENERAL.

Supreme Court of Alabama.

May 11, 1979.

Attorney(s) appearing for the Case

Charles A. Graddick, Atty. Gen., James F. Hampton, J. Anthony McLain, Asst. Attys. Gen., for the State, petitioner.

No brief for respondent.

BEATTY, Justice.

WRIT DENIED.

TORBERT, C. J., and BLOODWORTH, JONES, SHORES and EMBRY, JJ., concur.

MADDOX, FAULKNER and ALMON, JJ., dissent.

MADDOX, Justice (dissenting).

I would grant the writ. The Court of Criminal Appeals, in its opinion, says:

"This is one of the most horrible crimes to reach this court in a long time. We do not know what demonic thoughts passed through the sadistic mind of appellant which compelled him...

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