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SMITH v. STATE

6 Div. 286.

57 So.2d 513 (1952)

SMITH v. STATE.

Supreme Court of Alabama.

March 10, 1952.

Attorney(s) appearing for the Case

Geo. Frey, Birmingham, for appellant.

Si Garrett, Atty. Gen., L. E. Barton, Asst. Atty. Gen., and Chas. C. Carlton, Montgomery, of counsel, for the State.

STAKELY, Justice.

The appellant was indicted for murder in the first degree. To this indictment he pleaded "not guilty" and "not guilty by reason of insanity." Trial was duly had with the result that he was convicted of murder in the first degree and received the death penalty. The case comes to this court under the automatic appeals act, Code 1940, Tit. 15, § 382(1) et seq.

On April 21, 1951, about 5:30 A.M. Santford R. Howton, Chief of Police of the...

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