Clements v. State

This petition for writ of certiorari to the Court of Criminal Appeals was granted because the death penalty was imposed as punishment and the judgment of conviction and sentence to death was affirmed by that Court. Rule 39 (c) A.R.A.P. We affirm in part, reverse in part, and remand because the jury found the petitioner guilty of a charge entirely different from that charged in the indictment, and, moreover, a charge for which the death penalty may not be imposed under § 13-11-2, Code of 1975.

We affirm the holdings in the Court of Criminal Appeals Opinion, viz: I, II and VI that the Alabama…