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EX PARTE GANNAWAY

82-980.

448 So.2d 413 (1984)

Ex parte Lewis L. GANNAWAY. (Re Lewis L. Gannaway v. State of Alabama).

Supreme Court of Alabama.

Rehearing Denied March 9, 1984.

Attorney(s) appearing for the Case

Frances Heidt, John C. Falkenberry, and Donald W. Stewart of Stewart, Falkenberry & Whatley, Birmingham, for petitioner.

Charles A. Graddick, Atty. Gen., and Gerrilyn V. Grant, Asst. Atty. Gen., for respondent.

BEATTY, Justice.

Certiorari was granted to ascertain whether the Court of Criminal Appeals, 448 So.2d 409, has properly applied the provisions of Code of 1975, § 15-5-9, and our decision in Daniels v. State, 391 So.2d 1021 (Ala.1980), to the facts of this case. We reverse and remand.

In his petition for writ of certiorari, the petitioner presented two issues, the first being...

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