McGINNIS v. STATE

PER CURIAM.

The order of the circuit court is reversed and the cause remanded with directions to grant a new trial on mandate of Beck v. Alabama, 447 U.S. 625, 100 S.Ct. 2382, 65 L.Ed.2d 392 (1980), on remand, 396 So.2d 645 (Ala. 1981), and Ritter v. State, 403 So.2d 154 (Ala. 1981).

REVERSED AND REMANDED WITH DIRECTIONS.

All the Judges concur, except BOOKOUT, J., who dissents for reasons stated in Cook v. State (Ala.Cr.App. 1981) [6 Div. 561, Ms. June 23, 1981].