EX PARTE ALABAMA

SHORES, Justice.

The writ of certiorari is denied on federal constitutional grounds. We, like the Court of Criminal Appeals, 431 So.2d 565, are unable to distinguish this case from Ashe v. Swenson, 397 U.S. 436, 90 S.Ct. 1189, 25 L.Ed.2d 469 (1970).

WRIT DENIED.

TORBERT, C.J., and MADDOX, JONES and BEATTY, JJ., concur.