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FREEMAN v. STATE

8 Div. 200.

555 So.2d 196 (1988)

Darryl Eugene FREEMAN v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied September 20, 1988.

Attorney(s) appearing for the Case

James M. Dyer and R. Wayne Wolfe, Huntsville, for appellant.

Charles A. Graddick and Don Siegelman, Attys. Gen., and P. David Bjurberg, William D. Little and William W. Whatley, Asst. Attys. Gen., for appellee.

ON APPLICATION FOR REHEARING

McMILLAN, Judge.

This Court's original opinion of June 10, 1986, is hereby withdrawn and the following opinion is substituted therefor:

The appellant was indicted for the capital offense of murder committed during a rape in the first degree or attempt thereof, § 13A-5-40(a)(3), Code of Alabama (1975). The appellant pleaded not guilty and not guilty by reason of insanity, but withdrew the insanity plea prior...

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