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STEWART v. STATE

6 Div. 212.

88 So.2d 580 (1956)

Lennell STEWART v. STATE.

Court of Appeals of Alabama.

Rehearing Denied June 19, 1956.

Attorney(s) appearing for the Case

Morel Montgomery, Birmingham, for appellant.

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

PRICE, Judge.

Under an indictment charging assault with intent to murder his wife, Joyce Stewart, appellant was found guilty by a jury and his punishment fixed by the court at ten years imprisonment in the penitentiary.

For the State Mary Regulus testified Joyce Stewart was her daughter. Witness, the Stewarts and Milton Hunter, Joyce Stewart's four year old son by a former marriage, all lived together in Birmingham. About 3:00 o'clock on the morning of February...

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