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JOHNSON v. STATE

2 Div. 373.

91 So.2d 476 (1956)

Clarence JOHNSON v. STATE of Alabama.

Supreme Court of Alabama.

December 13, 1956.

Attorney(s) appearing for the Case

John L. Godbold and C. E. Watson, Camden, for appellant.

John Patterson, Atty. Gen., and Edmon L. Rinehart, Asst. Atty. Gen., for the State.

STAKELY, Justice.

Clarence Johnson (appellant) was indicted for murder in the first degree. On a plea of not guilty trial of the case resulted in a conviction of murder in the first degree and a sentence of death. Motion for a new trial was overruled. This appeal followed.

The alleged homicide was committed about seven or eight A.M. on Sunday morning of January 1, 1956, near Camden, Alabama. The testimony showed in substance the following. Homer Smith, the...

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