Jacobs v. State

This petition for writ of certiorari was granted because petitioner was convicted under Code 1975, § 13-11-2 (a)(2), and given the death penalty. The Court of Criminal Appeals affirmed the conviction and sentence. We reverse and remand for a new trial on the authority of Clements v. State, Ala.,370 So.2d 723 (Ala. 1979).

The pertinent facts are set out in the opinion of the Court of Criminal Appeals, 371 So.2d 429 (Ala.Cr.App. 1977). In sum, petitioner was indicted under Code 1975, § 13-11-2 (a)(2), for his participation in the robbery and killing of Mr. Walter Knight, a crime for which his…