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SMITH v. STATE

8 Div. 389.

105 So.2d 662 (1958)

S. L. SMITH v. STATE.

Court of Appeals of Alabama.

Rehearing Denied June 24, 1958.

Attorney(s) appearing for the Case

John B. Tally and Scott, Dawson & McGinty, Scottsboro, for appellant.

John Patterson, Atty. Gen., and Paul T. Gish, Jr., Asst. Atty. Gen., for the State.

CATES, Judge.

This is an appeal from a judgment of guilt in the Jackson Circuit Court for assault with intent to murder with a sentence of three years penal servitude.

Without the consent of the State, the defendant or his counsel, the jury was allowed to separate at the close of the arguments.

The record shows:

"At the conclusion of the argument of counsel to the Jury: "The Court: I don't believe I am going to give you the charge...

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