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EX PARTE REED

79-560, 79-561.

407 So.2d 162 (1981)

Ex parte Ricky Louis REED. (Re Ricky Louis Reed v. State of Alabama). Ex parte State of Alabama, ex rel. Attorney General. (Re Ricky Louis REED v. STATE of Alabama).

Supreme Court of Alabama.

Rehearing Denied August 28, 1981.

Motion for Clarification of Opinion on Rehearing October 2, 1981.

Attorney(s) appearing for the Case

J. Louis Wilkinson, Birmingham, for petitioner in 79-560 and respondent in 79-561.

Charles A. Graddick, Atty. Gen., and Jean Williams Brown, Asst. Atty. Gen., for respondent in 79-560 petitioner in 79-561; and Ed Carnes, Asst. Atty. Gen., on application for rehearing and motions for clarification."

BEATTY, Justice.

The judgment of the Court of Criminal Appeals is reversed under the authority of Beck v. Alabama, 447 U.S. 625, 100 S.Ct. 2382, 65 L.Ed.2d 392 (1980), and Kyzer v. State, Ala., 399 So.2d 330 (1981), and this cause is remanded to that Court with directions to order a new trial.

REVERSED AND REMANDED WITH DIRECTIONS.

All the Justices concur.

ON...

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