Sheperd v. State

Supreme Court of Alabama

Sheperd v. State

325 So. 2d 557, 295 Ala. 417, 1976 Ala. LEXIS 1977

Supreme Court of Alabama·Decided January 29, 1976·No. SC 1539·Published·Cited by 1 cases

Opinion

JONES, Justice.

By quashing the writ we are not to be understood as agreeing or disagreeing with the language of the Court of Criminal Appeals’ opinion dealing with the effect of Furman v. Georgia, 408 U.S. 238, 92 S.Ct. 2726, 33 L.Ed.2d 346 (1972), on the defendant’s right to a special jury venire because this discussion was not necessary to an affirmance in view of the noncapital offense for which he was tried and convicted, 57 Ala.App. 35, 325 So.2d 551.

Writ quashed as improvidently granted.

HEFLIN, C. J., and MERRILL, MADDOX and SHORES, JJ., concur.

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JONES, Justice.

By quashing the writ we are not to be understood as agreeing or disagreeing with the language of the Court of Criminal Appeals’ opinion dealing with the effect of Furman v. Georgia, 408 U.S. 238, 92 S.Ct. 2726, 33 L.Ed.2d 346 (1972), on the defendant’s right to a special jury venire because this discussion was not necessary to an affirmance in view of the noncapital offense for which he was tried and convicted, 57 Ala.App. 35, 325 So.2d 551.

Writ quashed as improvidently granted.

HEFLIN, C. J., and MERRILL, MADDOX and SHORES, JJ., concur.

Sheperd v. State, 325 So. 2d 557, 295 Ala. 417, 1976 Ala. LEXIS 1977 (Ala. 1976).

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Opinion

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