Opinion
1961627.
January 23, 1998.
(Morgan Circuit Court, CC-90-1165 and 90-1166; Court of Criminal Appeals, CR-94-2237); Steven E. Haddock, Judge.
J. Timothy Kyle of Russell, Straub Kyle, Decatur, for petitioners.
Bill Pryor, atty. gen.; Rosa H. Davis and Joseph G.L. Marston III, asst. attys. gen.; and Bob Burrell, district atty., for respondent.
We quash the writ as having been improvidently granted. In doing so, we do not wish to be understood as suggesting that the State should be permitted to use the writ of mandamus as a substitute for an appeal in a case where an appeal is not permitted. Ex parte Cannon, 369 So.2d 32, 33 (Ala. 1978).
WRIT QUASHED AS IMPROVIDENTLY GRANTED.
HOOPER, C.J., and MADDOX, SHORES, KENNEDY, and BUTTS, JJ., concur.