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DUCK v. STATE

6 Div. 58.

241 So.2d 129 (1970)

Carl DUCK, alias v. STATE.

Court of Criminal Appeals of Alabama.

December 15, 1970.

Attorney(s) appearing for the Case

Doss & Gorham, Birmingham, for appellant.

MacDonald Gallion, Atty. Gen., and Robert E. Morrow, Asst. Atty. Gen., for the State.

PRICE, Presiding Judge.

This appellant, Carl Duck, has been adjudged guilty of assault with intent to murder. The alleged assaulted party was Gladys Duck, the wife of appellant.

It is first insisted that the trial court erred in sustaining the state's demurrer to appellant's special plea of former jeopardy. The judgment sustaining the demurrer appears in the record but the record does not contain the plea or the...

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