JOHNSON v. STATE

83-61.

444 So.2d 894 (1984)

Ex parte State of Alabama. (Re Richard Isador JOHNSON v. STATE of Alabama).

Supreme Court of Alabama.

January 20, 1984.


Attorney(s) appearing for the Case

Charles A. Graddick, Atty. Gen., and Richard L. Owens, Asst. Atty. Gen., for petitioner.

Major Madison, Jr., Mobile, for respondent.


Case Below: 444 So.2d 891.

BEATTY, Justice.

WRIT QUASHED AS IMPROVIDENTLY GRANTED.

TORBERT, C.J., and JONES and SHORES, JJ., concur.

MADDOX, J., concurs specially.

MADDOX, Justice (concurring specially).

The state, in its brief, admits that the case should be reversed, because the trial court failed to instruct the jury properly.

"The majority opinion is correct on one point in citing...

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