EX PARTE STATE

1 Div. 827.

463 So.2d 1106 (1984)

Ex Parte State of Alabama. (In re STATE of Alabama v. Scott KIMBERLY).

Court of Criminal Appeals of Alabama.

Rehearing Denied June 12, 1984.


Attorney(s) appearing for the Case

Charles A. Graddick, Atty. Gen., and Joseph G.L. Marston, III, Asst. Atty. Gen.; and Chris N. Galanos, Dist. Atty., and Lloyd Copeland, Asst. Dist. Atty., Mobile, for petitioner.

Barry Hess, Mobile, for respondent.


BOWEN, Presiding Judge.

Scott Kimberly was indicted and convicted for the second degree robbery of Rosemary Murray. The trial judge granted his motion for new trial and set aside the verdict of the jury because the District Attorney did not disclose an allegedly exculpatory oral statement made by a co-defendant. The State filed a petition for writ of mandamus requesting this Court to direct the trial court to rescind and hold for naught its order granting the motion...

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