Ex parte Simmons

• Citation: 494 So.2d 477
• Parties: Ex parte Charles B. SIMMONS. (Re Charles B. Simmons v. State of Alabama.) 85-976.
• Decision Date: 25 July 1986
• Court: Supreme Court of Alabama

Page 477

494 So.2d 477

Ex parte Charles B. SIMMONS. (Re Charles B. Simmons v. State of Alabama.)

85-976.

Supreme Court of Alabama.

July 25, 1986.

Petition for Writ of Certiorari to Court of Criminal Appeals.

Jack W. Wallace, Jr., of Duffey and Wallace, Montgomery, for petitioner.

Charles A. Graddick, Attorney General, for respondent.

Prior report: Ala.Cr.App., 494 So.2d 462.

MADDOX, Justice.

The writ of certiorari is denied; however, in denying the writ, we do not necessarily agree with all of the statements contained in the opinion of the Court of Criminal Appeals, and especially with the statement which reads as follows:

"[T]here is much to be said in favor of the contention of the appellant that the weight of the evidence was in favor of defendant...."

WRIT DENIED.

TORBERT, C.J., and ALMON, BEATTY and HOUSTON, JJ., concur.