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SMITH v. STATE

87-1199.

554 So.2d 451 (1989)

Ex parte State of Alabama. (Re Terry Allen SMITH v. STATE of Alabama).

Supreme Court of Alabama.

June 30, 1989.

Attorney(s) appearing for the Case

Don Siegelman, Atty. Gen., and Beth Jackson Hughes, Asst. Atty. Gen., for petitioner.

Gregory P. Thomas, Dothan, for respondent.

KENNEDY, Justice.

The appellee, Terry Allen Smith, was convicted of manslaughter by a Houston County jury. The Court of Criminal Appeals reversed the conviction and remanded for a new trial. 554 So.2d 449. This Court granted the writ of certiorari on petition by the State. We affirm in part, reverse in part, and remand with instructions.

The issue is whether a defendant in a criminal case is entitled to a hearing, outside...

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