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EX PARTE SIMMONS

85-976.

494 So.2d 477 (1986)

Ex parte Charles B. SIMMONS. (Re Charles B. Simmons v. State of Alabama).

Supreme Court of Alabama.

July 25, 1986.

Attorney(s) appearing for the Case

Jack W. Wallace, Jr., of Duffey and Wallace, Montgomery, for petitioner.

Charles A. Graddick, Attorney General, for respondent.

Prior report: Ala.Cr.App., 494 So.2d 462.

MADDOX, Justice.

The writ of certiorari is denied; however, in denying the writ, we do not necessarily agree with all of the statements contained in the opinion of the Court of Criminal Appeals, and especially with the statement which reads as follows:

"[T]here is much to be said in favor of the contention of the appellant that the weight of the evidence was in favor of...

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