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WHISENHANT v. STATE

1 Div. 333.

482 So.2d 1246 (1983)

Thomas Warren WHISENHANT v. STATE of Alabama.

Court of Criminal Appeals of Alabama.

Rehearing Denied October 4, 1983.

TYSON, Judge.

On original deliverance this court, 370 So.2d 1080, determined that the prosecutor's comments accusing the appellant of other offenses in his opening statement was sufficient error to require a new sentencing hearing.

The Supreme Court of Alabama has determined that, in light of the posture in which such issue was here presented, such could constitute harmless error and has remanded this case to this court...

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