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BRYARS v. STATE

81-71.

407 So.2d 566 (1981)

Ex parte: State of Alabama (In re: Earl A. BRYARS, Jr. v. STATE of Alabama).

Supreme Court of Alabama.

December 11, 1981.

Attorney(s) appearing for the Case

Charles A. Graddick, Atty. Gen., and J. Anthony McLain and James F. Hampton, Sp. Asst. Attys. Gen., for petitioner.

Barry Hess and Virginia A. Johnston of Hess, Atchison & Horne, Mobile, for respondent.

TORBERT, Chief Justice.

WRIT DENIED.

ALMON, SHORES, EMBRY and BEATTY, JJ., concur.

MADDOX, JONES and ADAMS, JJ., dissent.

FAULKNER, J., not sitting.

JONES, Justice (dissenting).

I would grant the petition for writ of certiorari and limit the remand to the issue of sentencing. This case shows the extreme of what the dissent was trying to point out in Ritter v. State, 403 So.2d 154 (Ala...

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