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EX PARTE SPEARS

1920129.

621 So.2d 1255 (1993)

Ex parte Thomas Wayne SPEARS. (In re State of Alabama v. Thomas Wayne Spears).

Supreme Court of Alabama.

Rehearing Denied June 4, 1993.

Attorney(s) appearing for the Case

James E. Kimbrough, Jr., Mobile, and Stuart C. DuBose, Jackson, for petitioner.

James H. Evans, Atty. Gen., and Robert C. Ward, Jr., Asst. Atty. Gen., for respondent.

HOUSTON, Justice.

Thomas Wayne Spears petitions for a writ of mandamus directing District Judge D.P. Scurlock III, sitting by designation as a circuit judge in the First Judicial Circuit, to grant Spears's motion for a new trial, under Rule 15.4, Ala.R.Crim.P., on his plea of double jeopardy. The writ is denied.

Spears was indicted for murder. Shortly after his trial began, one of the prosecuting attorneys made...

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