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STEPHENS v. STATE

4 Div. 531.

40 So.2d 90 (1949)

STEPHENS v. STATE.

Supreme Court of Alabama.

April 21, 1949.

Attorney(s) appearing for the Case

Jas. M. Prestwood and A. R. Powell, Jr., both of Andalusia, for appellant.

A. A. Carmichael, Atty. Gen., and Jas. T. Hardin, Asst. Atty. Gen., for the State.

LAWSON, Justice.

The appeal is from a conviction of murder in the second degree, with punishment fixed at imprisonment for twenty-five years.

This is the second appeal. We reversed the former conviction. Stephens v. State, 250 Ala. 123, 33 So.2d 245.

It is unnecessary to set out here the tendencies of the evidence for the State and the defendant. Suffice it to say that the evidence found in the record on the present appeal is substantially the same...

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