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CLISBY v. STATE

6 Div. 576.

456 So.2d 86 (1982)

Willie CLISBY, Jr. v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied April 20, 1982.

Attorney(s) appearing for the Case

Stephen R. Arnold of Durward & Arnold, Birmingham, for appellant.

Charles A. Graddick, Atty. Gen.; and Ed Carnes and William Dudley Motlow, Asst. Attys. Gen., for appellee.

BOWEN, Judge.

The defendant was indicted and convicted for the capital offense of nighttime burglary during the course of which the victim is intentionally killed. Alabama Code 1975, Section 13-11-2(a)(4). Sentence was fixed at death.

I

This is the first case before this Court to challenge the constitutionality of the death penalty as construed by the Supreme Court of Alabama in Beck v. State, 396 So.2d 645

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