Supreme Court of Alabama April 27, 1972, 7 Div. 916 (Duke v. State)

LAWSON, Justice.

We granted the petition for writ of certiorari filed by Bobby Duke, alias, to review the decision and judgment of the Court of Criminal Appeals in the case of Duke, alias v. State, Ala.Cr.App., 263 So.2d 165.

In Ashe v. Swenson, 397 U.S. 436, 90 S. Ct. 1189, 25 L.Ed.