Ex Parte Williams

We granted the petition for writ of certiorari in this capital case to review the conviction and the sentence. After careful consideration, we affirm the judgment of the Court of Criminal Appeals as to the conviction, and reverse as to the sentence of death. 556 So.2d 737 (Ala.Cr.App. 1986). The issue which requires our reversal and remand for a new sentencing hearing was addressed by the Court of Criminal Appeals as follows:

"The appellant also argues that the trial court improperly instructed the jury, during the sentencing phase of the trial, that they could consider the fact that the…