PETITION FOR WRIT OF MANDAMUS WRIT GRANTED.

DeCARLO, P.J., and TYSON, HARRIS and BOWEN, JJ., concur.

(dissenting).

On the basis of the record before us, to which we are restricted in our resolution of this issue, I find no evidence that the trial judge arrogated to himself any power that is solely within the province of the jury, or that any unusual circumstances exist amounting to a judicial usurpation of powers by the trial judge. A review of the correctness of the trial judge’s decision to grant a motion for a new trial is not within the purview of mandamus. In my view, intervention by mandamus is not merited. Therefore, I respectfully dissent.

Judgment reversed, Ala., 453 So.2d 1066, on remand, Ala.Cr.App., 453 So.2d 1067.

On the basis of the record before us, to which we are restricted in our resolution of this issue, I find no evidence that the trial judge arrogated to himself any power that is solely within the province of the jury, or that any unusual circumstances exist amounting to a judicial usurpation of powers by the trial judge. A review of the correctness of the trial judge's decision to grant a motion for a new trial is not within the purview of mandamus. In my view, intervention by mandamus is not merited. Therefore, I respectfully dissent.

Judgment reversed, Ala., 453 So.2d 1066, on remand, Ala.Cr.App., 453 So.2d 1067.