Padgett v. State

668 So. 2d 88 | Ala. | 1995

The petition for the writ of certiorari is denied. In denying the petition, this Court does not address dicta in the Court of Criminal Appeals opinion suggesting that, under the circumstances of this case, it would be proper to instruct the jury regarding the offense of "abuse of corpse," § 13A-11-13,Ala. Code 1975, as a lesser included offense of murder committed during the course of a rape.

WRIT DENIED.

HORNSBY, C.J., and MADDOX, KENNEDY, and COOK, JJ., concur.