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BLACKWELL v. STATE

2 Div. 356.

88 So.2d 347 (1956)

Tom BLACKWELL v. STATE.

Supreme Court of Alabama.

Rehearing Denied June 30, 1956.

Attorney(s) appearing for the Case

Pitts & Pitts, Selma, Beddow, Gwin & Embry and Roderick Beddow, Jr., Birmingham, for appellant.

John Patterson, Atty. Gen., and Robt. Straub and Robt. G. Kilgore, Jr., Asst. Attys. Gen., for the State.

MERRILL, Justice.

Appellant was tried under an indictment charging first degree murder, was found guilty of second degree murder and sentenced to 25 years imprisonment. His motion for a new trial was overruled and he appealed.

The evidence discloses that around 12:01 a. m. on the morning of January 1, 1955, the deceased, Clarence Chester and his brother James (also deceased) were present at the Embassy Club, located...

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