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EX PARTE BATTEASTE

82-1191.

449 So.2d 798 (1984)

Ex parte Patrick BATTEASTE. (Re: Patrick Batteaste v. State of Alabama)

Supreme Court of Alabama.

Rehearing Denied, Opinion Modified, March 9, 1984.

Attorney(s) appearing for the Case

John Bertolotti, Jr., Mobile, for petitioner.

J. Anthony McLain and James F. Hampton, Sp. Asst. Attys. Gen., for respondent.

MADDOX, Justice.

We granted certiorari to review the decision of the Court of Criminal Appeals, 449 So.2d 797, in which the court decided the trial judge did not err when he permitted the jury, over objection of the defendant, to view the defendant's face to see if he had a scar on it.

The Court of Criminal Appeals, while acknowledging that it is error to reopen a case and allow presentation of evidence after a case has...

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