Supreme Court of Alabama, 1976

Sheperd v. State

Sheperd v. State
Supreme Court of Alabama · Decided January 29, 1976 · Jones, Heflin, Merrill, Maddox, Shores
295 Ala. 417; 325 So. 2d 557; 1976 Ala. LEXIS 1977

Sheperd v. State

Opinion of the Court

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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