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TURNER v. STATE

8 Div. 2.

179 So.2d 170 (1965)

James TURNER v. STATE.

Court of Appeals of Alabama.

October 13, 1965.

Attorney(s) appearing for the Case

David U. Patton, Athens, for appellant.

Richmond M. Flowers, Atty. Gen., and Paul T. Gish, Jr., Asst. Atty. Gen., for the State.

CATES, Judge.

The cause was submitted May 6, 1965.

Turner was convicted1 and sentenced to ten years imprisonment on a jury's verdict of guilty of second degree murder.

The State waived electrocution as punishment and the defendant forewent the right to a special venire. Code 1940, T. 30, § 70. A majority of the panel in Burgess v. State, 256 Ala. 5, 53 So.2d 568 (hn. 8), seems to...

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