CLARK v. STATE

4 Div. 182.

57 So.2d 375 (1951)

CLARK v. STATE.

Court of Appeals of Alabama.

Rehearing Denied August 2, 1951.


Attorney(s) appearing for the Case

E. O. Baldwin, Andalusia, Joe Nix, Jr., Greenville, and E. C. Boswell, Geneva, for appellant.

Si. Garrett, Atty. Gen., and Thos. M. Galloway, Asst. Atty. Gen., for the State.


CARR, Presiding Judge.

The accused stood indicted for murder in the first degree. The case was submitted to the jury under only the second count, which in part alleges: "* * * unlawfully, and with malice aforethought, killed Claudine Petty by cutting an opening in, or by puncturing her womb with a sharp instrument, a further and better description of which is unknown to the grand Jury * * *."

It appears that the deceased was a single woman and about twenty...

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