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EX PARTE KENNEDY

83-664.

472 So.2d 1106 (1985)

Ex parte Victor KENNEDY. (Re: Victor Kennedy v. State of Alabama).

Supreme Court of Alabama.

Rehearing Denied June 7, 1985.

Attorney(s) appearing for the Case

Gould H. K. Blair, Birmingham, and William T. Denson, Goodwater, for petitioner.

Charles A. Graddick, Atty. Gen., and Joseph G. L. Marston III, Asst. Atty. Gen., for respondent.

MADDOX, Justice.

This is a capital murder case. The facts are fully and accurately reported in the opinion of the Court of Criminal Appeals, 472 So.2d 1096; therefore, we briefly summarize the facts here only to the extent necessary to our holding.

On December 24, 1980, petitioner entered the home of eighty-six-year-old Mrs. Annie Laura Orr in Montevallo. Petitioner was accompanied by Darrell Grayson. (See Grayson v. State, [7 Div. 3, Jan. 31, 1984...

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