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BECK v. STATE

77-530.

396 So.2d 645 (1980)

In the Matter of Gilbert Franklin BECK v. STATE of Alabama.

Supreme Court of Alabama.

As Modified on Denial of Rehearing March 6, 1981.

Attorney(s) appearing for the Case

John L. Carroll and Stephen J. Ellmann, Montgomery, for petitioner.

Charles A. Graddick, Atty. Gen., and Ed Carnes, Asst. Atty. Gen., for respondent.

MADDOX, Justice.

The Supreme Court of the United States, upon review of this case, framed the issue presented to that Court as follows:

May a sentence of death constitutionally be imposed after a jury verdict of guilt of a capital offense when the jury was not permitted to consider a verdict of guilt of a lesser included non-capital offense, and when the evidence would have supported such a verdict?

A majority of the Supreme Court of the United States...

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