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WATTERS v. STATE

77-676.

369 So.2d 1272 (1979)

In Re Timothy WATTERS v. STATE of Alabama. Ex parte Timothy Watters.

Supreme Court of Alabama.

Rehearing Denied March 9, 1979.

Attorney(s) appearing for the Case

J. Wilson Dinsmore and D. Larry Waites, Birmingham, for petitioner.

William J. Baxley and Charles A. Graddick, Attys. Gen., Montgomery, and James L. O'Kelley and J. Anthony McLain, Asst. Attys. Gen., Birmingham, for the State, opposed.

BEATTY, Justice.

Certiorari was automatically granted in this "robbery-intentional killing" conviction under the Alabama Death Penalty Act, § 13-11-5, Ala.Code of 1975; Rule 39(c), ARAP.

The pertinent facts are found in the opinion of the Court of Criminal Appeals, Watters v. State, 369 So.2d 1262 (Ala.Cr.App., 1978). We reverse and remand.

The Court of Criminal Appeals has jurisdiction...

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