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WILLIAMS v. STATE

6 Div. 94.

58 So.2d 646 (1951)

WILLIAMS v. STATE.

Court of Appeals of Alabama.

Rehearing Denied March 13, 1951.

Attorney(s) appearing for the Case

Hugh A. Locke and Winton G. Wilson, Birmingham, for appellant.

Si Garrett, Atty. Gen., and Robt. Straub, Asst. Atty. Gen., for the State.

CARR, Presiding Judge.

On an indictment charging murder in the first degree the accused was convicted of murder in the second degree and sentenced to serve fifteen years in the State penitentiary.

This is the second time this case has been before this court on appeal. See 34 Ala.App. 410, 42 So.2d 594.

According to the testimony of State's witnesses, after dark in the late...

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