Alabama Court of Criminal Appeals, 1981

McGinnis v. State

McGinnis v. State
Alabama Court of Criminal Appeals · Decided August 4, 1981 · Book-Out, Div
403 So. 2d 1; 1981 Ala. Crim. App. LEXIS 2394 (Southern Reporter, Second Series)

McGinnis v. State

Opinion of the Court

PER CURIAM.

The order of the circuit court is reversed and the cause remanded with directions to grant a new trial on mandate of Beck v. Alabama, 447 U.S. 625, 100 S.Ct. 2382, 65 L.Ed.2d 392 (1980), on remand, 396 So.2d 645 (Ala. 1981), and Ritter v. State, 403 So.2d 154 (Ala. 1981).

REVERSED AND REMANDED WITH DIRECTIONS.

All the Judges concur, except BOOK-OUT, J., who dissents for reasons stated in Cook v. State (Ala.Cr.App. 1981) [6 Div. 561, Ms. June 23, 1981].

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