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08/11/95 EX PARTE STATE ALABAMA (RE LARRY RANDALL

August 11, 1995

EX PARTE STATE OF ALABAMA (RE: LARRY RANDALL PADGETT
v.
STATE OF ALABAMA)



(Marshall Circuit Court, CC-91-38, Court of Criminal Appeals, CR-91-1552). William D. Jetton, TRIAL JUDGE.

Released For Publication February 5, 1996.

Shores, Hornsby, C.j., and Maddox, Kennedy, and Cook, JJ., concur.

The opinion of the court was delivered by: Shores

PETITION FOR WRIT OF CERTIORARI TO THE COURT OF CRIMINAL APPEALS

SHORES, JUSTICE.

The petition for the writ of certiorari is denied. In denying the petition, this Court does not address dicta in the Court of Criminal Appeals opinion suggesting that, under the circumstances of this case, it would be proper to instruct the jury regarding the offense of "abuse of corpse," § 13A-11-13, Ala. Code 1975, as a lesser included offense of murder committed during the course of a rape.

WRIT DENIED.

Hornsby, C.J., and Maddox, Kennedy, and Cook, JJ., concur.

19950811

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