Supreme Court of Alabama, 1982

Graddick v. State

Supreme Court of Alabama · Decided January 8, 1982 · Maddox, Faulkner, Jones, Shores, Embry, Beatty, Torbert, Almon, Adams

408 So. 2d 548; 1982 Ala. LEXIS 2956 (Southern Reporter, Second Series)

Dissenting Opinion

TORBERT, Chief Justice

(dissenting).

I would agree that the judgment of conviction on four counts of securities fraud must be reversed. In my opinion, however, the sanction of dismissal of the indictment and discharge of the defendant is much too extreme.

ALMON, J., concurs.

Opinion of the Court

PER CURIAM.

WRIT QUASHED AS IMPROVIDENTLY GRANTED, 408 So.2d 533 (Ala.Cr. App.).

MADDOX, FAULKNER, JONES, SHORES, EMBRY and BEATTY, JJ., concur. TORBERT, C. J., and ALMON, J., dissent. ADAMS, J., not sitting.

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