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Gray v. State

Supreme Court of Alabama
Oct 29, 1976
338 So. 2d 445 (Ala. 1976)

Opinion

SC 2105.

October 29, 1976.

Certiorari to the Court of Criminal Appeals.

William J. Baxley, Atty. Gen., and Milton C. Davis, Asst. Atty. Gen., for the State, petitioner.

No appearance for respondent.


Petition of the State by its Attorney General for certiorari to the Court of Criminal Appeals to review and revise the judgment and decision of that court in Gray v. State, 338 So.2d 444.

Writ denied. In denying this writ, we suggest to the trial judge that, on remandment, he consider the applicability to the case at bar of the United States Supreme Court's decisions in Benton v. Maryland, 395 U.S. 784, 89 S.Ct. 2056, 23 L.Ed.2d 707 (1969) (re: "concurrent sentences" doctrine) and North Carolina v. Pearce, 395 U.S. 711, 89 S.Ct. 2072, 23 L.Ed.2d 656 (1969) (re: "double jeopardy" and "equal protection" issues).

WRIT DENIED.

HEFLIN, C.J., and JONES, ALMON and EMBRY, JJ., concur.


Summaries of

Gray v. State

Supreme Court of Alabama
Oct 29, 1976
338 So. 2d 445 (Ala. 1976)
Case details for

Gray v. State

Case Details

Full title:In re James GRAY, alias, v. STATE of Alabama. Ex parte STATE of Alabama ex…

Court:Supreme Court of Alabama

Date published: Oct 29, 1976

Citations

338 So. 2d 445 (Ala. 1976)

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