Court of Criminal Appeals of Alabama October 16, 1973, 8 Div. 201 (Luschen v. State)

HARRIS, Judge.

On September 30, 1971, appellant was convicted of murder in the first degree and his punishment fixed at death. The record came here on automatic appeal. It was submitted on briefs in this Court on April 25, 1972, and, subsequently assigned to one of the circuit judges to prepare an opinion. The record was returned to this Court on September 11, 1973, sans an opinion.