DUNCAN v. STATE

7 Div. 614.

176 So.2d 840 (1965)

James Milford DUNCAN, Sr., v. STATE of Alabama.

Supreme Court of Alabama.

June 30, 1965.


Attorney(s) appearing for the Case

Roy D. McCord, Rowan S. Bone and Hugh H. Smith, Gadsden, for appellant.

Richmond M. Flowers, Atty. Gen., and W. Mark Anderson, III, Asst. Atty. Gen., for the State.


LAWSON, Justice.

Appellant, James Milford Duncan, Sr., was indicted for murder in the first degree by a grand jury of Etowah County. He was unable to employ counsel, so prior to arraignment the trial court, under the provisions of § 318, Title 15, Code 1940, appointed experienced and able criminal trial lawyers of the Etowah County Bar to represent him.

Before arraignment, Duncan, by motion to quash and by demurrer, questioned the sufficiency of the indictment...

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