EX PARTE LUKE

82-622.

444 So.2d 400 (1983)

Ex parte Johnny LUKE. (Re Johnny Luke v. State of Alabama).

Supreme Court of Alabama.

Rehearing Denied December 22, 1983.


Attorney(s) appearing for the Case

James M. Ivins of Cornett, Perdue & Ivins, Phenix City, for petitioner.

Charles A. Graddick, Atty. Gen., and Ed Carnes and William D. Little, Asst. Attys. Gen., for respondent.


ADAMS, Justice.

Johnny Luke, petitioner, was convicted of the capital offense of "murder by the defendant during a robbery in the first degree or an attempt thereof committed by the defendant." Code 1975, § 13A-5-40(a)(2). In a separate sentencing phase of the trial, the trial judge sentenced petitioner to death by electrocution. We granted the petition for a writ of certiorari, which petitioner is entitled to as a matter of right, in order to review the decision...

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