Supreme Court of Alabama June 28, 1985, 84-302 (Hester v. State)

lead-opinion

PER CURIAM.

WRIT QUASHED AS IMPROVIDENTLY GRANTED.

TORBERT, C.J., and MADDOX, FAULKNER, ALMON, SHORES and BEATTY,1 JJ., concur.

JONES, EMBRY and ADAMS, JJ., dissent.

dissent

JONES, Justice

(dissenting).

I respectfully dissent. Although the facts are accurately and adequately set out in the opinion of the Court of Criminal Appeals, Hester v. State, 461 So.2d 59 (Ala. Crim.App.