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ABERNATHY v. STATE

7 Div. 814.

187 So.2d 287 (1966)

Benny Lee ABERNATHY v. STATE.

Court of Appeals of Alabama.

May 31, 1966.

Attorney(s) appearing for the Case

Knox, Jones, Woolf & Merrill, Anniston, for appellant.

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

CATES, Judge.

This appeal was submitted September 30, 1965.

We quote from the appellant's brief:

"The defendant was indicted for murder in the first degree. * * * A jury found [him] guilty [of voluntary manslaughter] and fixed his [punishment] at one year and one day [in the penitentiary]. * * * From [the ensuing] judgment he is appealing * * *

"FACTS

"* * * The defendant and the decedent, Rogers Ross, were together on the evening...

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