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GILES v. STATE

6 Div. 86.

632 So.2d 568 (1992)

Arthur Lee GILES v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied November 25, 1992.

Attorney(s) appearing for the Case

Thomas B. Prickett II, Oneonta, and Herbert B. Sparks, Jr., Birmingham, and Bernard E. Harcourt, Montgomery, for appellant.

James H. Evans, Atty. Gen., and Ed Carnes, Thomas R. Allison and Melissa Math, Asst. Attys. Gen., for appellee.

On Return to Remand

McMILLAN, Judge.

This cause was remanded to the trial court in order to conduct a new sentencing hearing, after the Alabama Supreme Court determined that the trial court improperly gave the deadlocked jury a charge pursuant to Allen v. United States, 164 U.S. 492, 17 S.Ct. 152, 41 L.Ed. 528 (1896); during the sentencing phase, Ex parte Giles, 554 So.2d 1089

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