EX PARTE STATE

84-496.

481 So.2d 1154 (1986)

Ex parte State of Alabama (Re: Kenneth WHIRLEY v. STATE of Alabama).

Supreme Court of Alabama.

January 10, 1986.


Attorney(s) appearing for the Case

Charles A. Graddick, Atty. Gen., and M. Beth Slate, Asst. Atty. Gen., for petitioner.

J. Robert Faulk, Prattville, for respondent.


HOUSTON, Justice.

Because the State of Alabama has conceded that vehicular homicide as provided for in § 32-5A-192, Code 1975, is not a lesser included offense as to murder pursuant to § 13A-6-2, Code 1975, the writ is quashed. See Ex parte Jordan [MS. 84-621, January 10, 1986] (Ala.1986).

WRIT QUASHED AS IMPROVIDENTLY GRANTED.

TORBERT, C.J., and MADDOX, FAULKNER, ALMON, SHORES, BEATTY and ADAMS, JJ., concur.

JONES, J., concurs...

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