Ex Parte Lokos

We granted certiorari to consider several questions arising out of the second trial of this ancient case. The facts and prior proceedings are set out in the opinions of the Court of Criminal Appeals, of the United States Fifth Circuit Court of Appeals, 625 F.2d 1258 (5th Cir. 1980), and of this Court in the original companion case, Eaton v. State, 278 Ala. 224,177 So.2d 444 (1965). After careful consideration of the issues raised, we affirm the decision of the Court of Criminal Appeals, 434 So.2d 818, although we modify its analysis in certain respects.

I

Lokos first argues that to uphold the…