
    Ex parte State of Alabama Ex rel. Attorney General. (Re Ex parte: State of Alabama Ex rel. Charles A. Graddick, Attorney General. (Re STATE of Alabama v. Dorothy Sims ADAMS)).
    No. 80-429.
    Supreme Court of Alabama.
    Aug. 21, 1981.
    Charles A. Graddick, Atty. Gen. and Joseph G. L. Marston, III, Asst. Atty. Gen., for petitioner.
    No brief for respondent.
   PER CURIAM.

WRIT DENIED. NO OPINION.

TORBERT, C. J., and FAULKNER, JONES, ALMON, SHORES, EMBRY and BEATTY, JJ., concur.

MADDOX and ADAMS, JJ., dissent.

MADDOX, Justice

(dissenting).

I would grant the writ because I believe that the Court of Criminal Appeals, in denying mandamus, probably relied upon this Court’s original opinion in Ex parte Nice, [MS. February 18, 1981].

On rehearing, this Court withdrew the original opinion in that case and reached a different conclusion from that reached on original deliverance. Ex parte Nice, [MS. July 17, 1981],

Because I think that the Court of Criminal Appeals should review the original petition for mandamus in that court based upon the latest expression of our opinion in Ex parte Nice, I respectfully dissent.  