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RITTER v. STATE

77-798.

429 So.2d 928 (1983)

In the Matter of Wayne Eugene RITTER v. STATE of Alabama.

Supreme Court of Alabama.

Rehearing Denied April 8, 1983.

Attorney(s) appearing for the Case

John L. Carroll, Montgomery, for petitioner.

Charles A. Graddick, Atty. Gen., and Ed Carnes and Nancy Perry, Asst. Attys. Gen., for respondent.

EMBRY, Justice.

The United States Supreme Court, 457 U.S. 1114, 102 S.Ct. 2921, 73 L.Ed.2d 1326, has remanded this case to this court for our further consideration in light of its decision in Hopper v. Evans, 456 U.S. 605, 102 S.Ct. 2049, 72 L.Ed.2d 367 (1982), holding that due process requires that a lesser included offense instruction in a case punishable by execution be given

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