Hubbard v. State

ON REMANDMENT FROM THE SUPREME COURT OF THE UNITED STATES

MERRILL, Justice.

On October 17, 1968, this court denied an application for rehearing in Hubbard v. State, 283 Ala. 183, 215 So.2d 261, wherein the conviction of Hubbard for murder in the first degree and a sentence imposing the death penalty was affirmed.

The mandate from the Federal Supreme Court in the Hubbard case, dated July 26, 1972, 408 U.S. 934, 92 S.Ct. 2851, 33 L.Ed. 2d 747, stated in part:

“ * * * [the] judgment [of the Supreme Court of Alabama in this cause be] vacated insofar as it leaves undisturbed the death penalty imposed,…