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MILLER v. STATE

8 Div. 125.

216 So.2d 189 (1968)

James MILLER v. STATE.

Court of Appeals of Alabama.

November 26, 1968.

Attorney(s) appearing for the Case

H. Neil Taylor, Russellville, for appellant.

MacDonald Gallion, Atty. Gen., and Lloyd G. Hart, Asst. Atty. Gen., for the State.

CATES, Judge.

Indictment: assault with intent to murder. Plea: not guilty and not guilty by reason of insanity. Verdict: guilty of assault with intent to murder. Sentence: four years in the penitentiary.

I.

Michael Sparks, the victim of the charged assault, operated Mike's Drive In in Red Bay. November 26, 1966, Miller, his brother, Anderson Miller, and Billy Lofton, after one of them had been ordered out for cursing, fought with Sparks in the parking...

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