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EX PARTE GOODWIN

86-117.

516 So.2d 821 (1987)

Ex parte Riley Martin GOODWIN. (Re Riley Martin Goodwin v. State).

Supreme Court of Alabama.

September 18, 1987.

Attorney(s) appearing for the Case

Michael D. Blalock, Birmingham, for petitioner.

Don Siegelman, Atty. Gen., and J. Anthony McLain and James F. Hampton, Sp. Asst. Attys. Gen., for respondent.

PER CURIAM.

Having carefully read and considered the record and briefs of counsel, we conclude that the writ is due to be quashed. However, we do not agree with the Court of Criminal Appeals, 516 So.2d 818 that a defendant must make a showing that a desired witness is "willing to testify" before he is entitled to a continuance. It is true that the Fifth Circuit Court of Appeals in United States v. Uptain,

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