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JACOBS v. STATE

77-724.

371 So.2d 448 (1979)

In re John L. JACOBS v. STATE of Alabama. Ex parte John L. Jacobs.

Supreme Court of Alabama.

April 12, 1979.

Attorney(s) appearing for the Case

John L. Carroll, Morris S. Dees, Stephen J. Ellmann, Montgomery, for petitioner.

Charles A. Graddick, Atty. Gen., Bernard F. Sykes, Asst. Atty. Gen., and Chief of the Criminal Appellate Division, Elizabeth N. Petree, Asst. Atty. Gen., Edward E. Carnes, Asst. Atty. Gen., for the State of Alabama, respondent.

BLOODWORTH, Justice.

This petition for writ of certiorari was granted because petitioner was convicted under Code 1975, § 13-11-2(a)(2), and given the death penalty. The Court of Criminal Appeals affirmed the conviction and sentence. We reverse and remand for a new trial on the authority of Clements v. State, Ala., 370 So.2d 723 (Ala.1979).

The pertinent facts are set out in the opinion of the Court of Criminal...

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