EX PARTE JOHNSEY

3 Div. 246.

384 So.2d 1189 (1980)

Ex parte Walter F. JOHNSEY.

Court of Criminal Appeals of Alabama.

Rehearing Denied April 16, 1980.


Attorney(s) appearing for the Case

L. Drew Redden of Redden, Mills & Clark, F. Timothy McAbee of Sirote, Permutt, Friend, Friedman, Held & Apolinsky, Birmingham, for petitioner.

James H. Evans, Dist. Atty., Charles Lee Truncale, James W. Traeger, Deputy Dist. Attys., Montgomery, for respondent.


HARRIS, Presiding Judge.

This is a Common Law Writ of Certiorari to review the order of Honorable H. Randall Thomas ordering Petitioner to testify before the Montgomery County Grand Jury following a grant of immunity. The issue before this Court for determination is whether the order granting immunity is beyond the scope of the immunity statute which grants the immunity. We hold that it is and reverse the case.

The controlling statutes are found in Sections...

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