Grace v. State

ON REHEARING

MERRILL, Supreme Court Justice.

Pursuant to Section 13 of Act No. 987, 1969 Acts of Alabama, p. 1744, (see 1958 Recompiled Code, Title 13, Section 111(13), Pocket Part), Judge Aubrey M. ■Cates, Jr., Presiding Judge of the Court of ■Criminal Appeals, certified to the Chief Justice of the Supreme Court that in the ■case of John Clifford Grace v. State, 7 Div. 120, pending in that court, there is a vacancy on the court and the other four members are evenly divided as to a decision of the case on application for rehearing.

Pursuant to such certification, the Chief Justice, on July 11,…