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HUTCHERSON v. STATE

5 Div. 521.

108 So.2d 177 (1958)

Garfield HUTCHERSON, alias v. STATE.

Court of Appeals of Alabama.

Rehearing Denied November 18, 1958.

Attorney(s) appearing for the Case

Wilbanks & Wilbanks, Alexander City, for appellant.

John Patterson, Atty. Gen., and Robt. P. Bradley, Asst. Atty. Gen., for the State.

CATES, Judge.

Hutcherson and Mattie Pearl Gaddis were, on February 6, 1957, indicted for the first degree murder of Dartis Kelly by cutting him with "a sharp instrument." Tried February 14, 1957, on a severance, he was convicted by a jury of first degree manslaughter and sentenced to two years' imprisonment.

The case for the prosecution was built around Dartis Kelly's dying declaration, wherein he stated that Mattie Pearl plunged a butcher knife in his abdomen...

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