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EX PARTE HOOPER

82-675.

453 So.2d 1066 (1984)

Ex parte Perry O. HOOPER. Re Ex parte State of Alabama. In re STATE of Alabama v. Michael Edward WATERS.

Supreme Court of Alabama.

May 11, 1984.

Attorney(s) appearing for the Case

George W. Cameron, Montgomery, for petitioner.

Charles A. Graddick, Atty. Gen. and Joseph G.L. Marston, III, Asst. Atty. Gen., and James H. Evans, Dist. Atty., Frank H. Hawthorne, Jr., Deputy Dist. Atty., and H. Lewis Gillis, Asst. Dist. Atty., for respondent.

EMBRY, Justice.

Upon consideration of the petition, brief of petitioner, and the State's brief in opposition thereto, the judgment of the Court of Criminal Appeals, 453 So.2d 1066, granting the State of Alabama's petition for mandamus is reversed and this cause is remanded for an order consistent herewith.

Mandamus will not lie to compel the trial court's exercise of discretion in a particular manner, nor to review the lower...

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