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EX PARTE BIRD

89-1061, 89-1062.

594 So.2d 676 (1991)

Ex parte Terry BIRD. (Re Terry Bird v. State of Alabama). Ex parte Jacob WARNER. (Re Jacob Warner v. State of Alabama).

Supreme Court of Alabama.

December 6, 1991.

Attorney(s) appearing for the Case

Jeffery C. Duffey, Montgomery, for petitioner Terry Bird.

Richard D. Shinbaum of Shinbaum, Thiemonge & Howell, Montgomery, for petitioner Jacob Warner.

Don Siegelman, Atty. Gen., and Beth Slate Poe, Asst. Atty. Gen., for respondent.

James H. Evans, Atty. Gen., and Frances H. Smith, Asst. Atty. Gen., for respondent on rehearing.

ON APPLICATION FOR REHEARING

ADAMS, Justice.

The opinion of June 14, 1991, is withdrawn and the following is substituted therefor.

Terry Bird and Jacob Warner appealed convictions of capital murder. The Court of Criminal Appeals affirmed. See Bird v. State, [Ms. 3 Div. 938, Feb. 23, 1990] 594 So.2d 644 (Ala.Cr.App.1990), and Warner v. State, [Ms. 3 Div....

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