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STAIN v. STATE

1 Div. 14.

494 So.2d 816 (1986)

Thomas STAIN v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied June 10, 1986.

Certiorari Denied August 22, 1986.

Attorney(s) appearing for the Case

Michael Kennedy McIntyre, Atlanta, Ga., for appellant.

Charles A. Graddick, Atty. Gen., and P. David Bjurberg and William D. Little, Asst. Attys. Gen., for appellee.

Alabama Supreme Court 85-1092.

BOWEN, Presiding Judge.

Thomas R. Stain was convicted for the capital murder of Elmer Eugene Bailey III, and sentenced to death. That conviction must be reversed.

Stain allegedly shot Bailey on the night of May 30, 1983, inside the Double Feature Bar in Mobile County. No one saw the shooting and the evidence against Stain was entirely circumstantial. Immediately after the shooting, Stain and his companion, Michael Coffee...

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