Kennard v. State

McMILLAN, Judge.

This cause was reversed and remanded by this court with an opinion authored by a supernumerary judge. Kennard v. State, 531 So.2d 340 (Ala.Cr.App.1985). That decision was reversed by the Alabama Supreme Court and the cause remanded to this court. Kennard v. State, 531 So.2d 934 (Ala.1986), cert. denied, — U.S.-, 108 S.Ct. 176, 98 L.Ed.2d 129 (1987). The *939Alabama Supreme Court overruled the application for rehearing on May 8,1987, and a petition for writ of certiorari was denied by the United States Supreme Court on October 5, 1987.

The first issue raised by the appellant has…