AKIN v. STATE

1960712.

698 So.2d 238 (1997)

Ex parte State of Alabama. (Re Joseph Dewey AKIN v. STATE.)

Supreme Court of Alabama.

June 13, 1997.


Attorney(s) appearing for the Case

Jeff Sessions and Bill Pryor, Attys. Gen., and Jean A. Therkelsen, Asst. Atty. Gen., for Petitioner.

William A. Short, Jr., Bessemer, for Respondent.

David Barber, District Atty., and Roger Brown, Chief Deputy District Atty., for Amicus Curiae Jefferson County District Attorney's Office.


PER CURIAM.

WRIT DENIED. NO OPINION.

ALMON, SHORES, HOUSTON, KENNEDY, and COOK, JJ., concur.

HOOPER, C.J., and MADDOX and SEE, JJ., dissent.

SEE, Justice (dissenting).

The issue presented by the State's petition for certiorari review is whether a defendant, who was convicted of murder by an impartial jury, should nevertheless receive a new trial because a person who did not sit on the jury had been excluded by an extra peremptory...

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