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EX PARTE NICE

80-186, 80-187.

407 So.2d 874 (1981)

Ex parte: Charles M. NICE. (Re: Ex parte: State of Alabama ex rel. Charles A. Graddick, Attorney General for the State of Alabama.) (In re: STATE of Alabama v. Harold PUGH.) Ex parte: Harold PUGH. (Re: Ex parte: State of Alabama ex rel. Charles A. Graddick, Attorney General for the State of Alabama.) (In re: STATE of Alabama v. Harold PUGH.)

Supreme Court of Alabama.

July 17, 1981.

Attorney(s) appearing for the Case

David Cromwell Johnson and Ronda H. Lacey, Birmingham, for petitioner.

Charles A Graddick, Atty. Gen., Douglas A. Valeska, Deputy Dist. Atty., Birmingham, for the State.

ON REHEARING

MADDOX, Justice.

The application for rehearing by the State of Alabama is granted; the original opinions in these cases are withdrawn and the following opinion is substituted therefor:

Harold Pugh was found guilty of robbery by a jury in Jefferson County and was duly sentenced by the trial judge. Pugh timely filed a motion for a new trial, and the trial judge granted his motion.

The transcript of the proceedings held before the...

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