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NEELLEY v. STATE

3 Div. 670.

74 So.2d 436 (1954)

Alvin Howard NEELLEY v. STATE.

Supreme Court of Alabama.

August 30, 1954.

Attorney(s) appearing for the Case

Beddow & Jones, Roderick Beddow and G. Ernest Jones, Jr., Birmingham, and W. J. Williamson, Greenville, for appellant.

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

GOODWYN, Justice.

The appellant, Alvin Howard Neelley, was indicted by the Grand Jury of Butler County, Alabama, and charged with killing Donald Henry, a ten year old boy, unlawfully and with malice aforethought, by shooting him with a rifle. The appellant pleaded "not guilty", was tried and convicted of murder in the first degree, and sentenced to life imprisonment in the state penitentiary.

The record discloses the following facts: On November 26, 1952,...

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