State v. Waters

Supreme Court of Alabama

State v. Waters

453 So. 2d 1066, 1984 Ala. LEXIS 4021

CourtSupreme Court of Alabama

DecidedMay 11, 1984

Docket82-675

StatusPublished

This text of 453 So. 2d 1066 (State v. Waters) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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State v. Waters, 453 So. 2d 1066, 1984 Ala. LEXIS 4021 (Ala. 1984).

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Opinions

EMBRY, Justice.

Upon consideration of the petition, brief of petitioner, and the State’s brief in opposition thereto, the judgment of the Court of Criminal Appeals, 453 So.2d 1066, granting the State of Alabama’s petition for mandamus is reversed and this cause is remanded for an order consistent herewith.

Mandamus will not lie to compel the trial court’s exercise of discretion in a particular manner, nor to review the lower court’s proceedings for error, nor as a substitute for appeal. State v. Cannon, 369 So.2d 32 (Ala.1978).

REVERSED AND REMANDED.

TORBERT, C.J., and FAULKNER, JONES, ALMON, SHORES, BEATTY and ADAMS, JJ., concur. MADDOX, J., concurs specially.

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