Opinion
1941205.
August 11, 1995.
Petition for writ of Certiorari to the Court of Criminal Appeals (CR-91-1552). Appeal from the Marshall Circuit Court, No. CC-91-38; William D. Jetton, Judge.)
Jeff Sessions, Atty. Gen., and Jack W. Willis, Asst. Atty. Gen., for Petitioner.
John Mark McDaniel, Huntsville, for Respondent.
The petition for the writ of certiorari is denied. In denying the petition, this Court does not address dicta in the Court of Criminal Appeals opinion suggesting that, under the circumstances of this case, it would be proper to instruct the jury regarding the offense of "abuse of corpse," § 13A-11-13, Ala. Code 1975, as a lesser included offense of murder committed during the course of a rape.
WRIT DENIED.
HORNSBY, C.J., and MADDOX, KENNEDY, and COOK, JJ., concur.