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STATE v. ADAMS

No. 80-429.

403 So.2d 299 (1981)

Ex parte State of Alabama Ex rel. Attorney General. (Re Ex parte: State of Alabama Ex rel. Charles A. Graddick, Attorney General. (Re STATE of Alabama v. Dorothy Sims ADAMS)).

Supreme Court of Alabama.

August 21, 1981.

Attorney(s) appearing for the Case

Charles A. Graddick, Atty. Gen. and Joseph G. L. Marston, III, Asst. Atty. Gen., for petitioner.

No brief for respondent.

PER CURIAM.

WRIT DENIED. NO OPINION.

TORBERT, C. J., and FAULKNER, JONES, ALMON, SHORES, EMBRY and BEATTY, JJ., concur.

MADDOX and ADAMS, JJ., dissent.

MADDOX, Justice (dissenting).

I would grant the writ because I believe that the Court of Criminal Appeals, in denying mandamus, probably relied upon this Court's original opinion in Ex parte Nice, [MS. February 18, 1981].

On rehearing, this Court withdrew the original...

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