Ex Parte Beam

Pursuant to Rule 39(k), A.R.App.P., we granted the defendant's petition for writ of certiorari to the Court of Criminal Appeals in this "no opinion" case, 502 So.2d 396, to review a single issue: Whether the trial court abused its discretion in denying the defendant's "challenge for cause" of a prospective juror.

Because the State agrees with the petitioner's Rule 39(k) statement of the facts, we quote directly from that statement:

"On voir dire examination the defense asked prospective jurors the following question: 'Do any of you have a strong religious or moral belief against the use of…