JONES v. STATE

83-431.

460 So.2d 1382 (1984)

Ex parte State of Alabama. Re Tommy G. JONES v. STATE.

Supreme Court of Alabama.

Rehearing Denied July 6, 1984.


Attorney(s) appearing for the Case

Charles A. Graddick, Atty. Gen., and Martha Gail Ingram, Asst. Atty. Gen., for petitioner.

Randall O. Gladden, Huntsville, for respondent.


BEATTY, Justice.

This Court granted certiorari to consider whether or not the Court of Criminal Appeals was correct in finding that an improper comment had been made upon the petitioner's claim of the Fifth Amendment privilege, with a consequent reversal of his conviction and remandment. We find that the Court of Criminal Appeals did palpably err in that finding, and we reverse the judgment of that court and remand this cause to that court for further consideration...

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