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ANDERSON v. STATE

1 Div. 95.

542 So.2d 292 (1987)

Josephus ANDERSON v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied April 26, 1988.

Attorney(s) appearing for the Case

Douglas H. Scofield and William N. Clark, Birmingham, for appellant.

Charles A. Graddick, Atty. Gen., and William D. Little, Asst. Atty. Gen., for appellee.

McMILLAN, Judge.

The appellant was indicted for the capital offense of murder of a law enforcement officer, in violation of § 13-11-2(a)(5) (repealed), Code of Alabama (1975). The appellant was tried on three occasions, twice in 1981 and once in 1983; those trials ended in mistrials because the jury was unable to reach a verdict. Prior to a fourth trial, the appellant filed a petition for a writ of mandamus, claiming that a fourth trial would violate his...

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