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FITZPATRICK v. STATE

6 Div. 46.

243 So.2d 389 (1970)

Charles FITZPATRICK, alias v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied January 12, 1971.

Attorney(s) appearing for the Case

William E. Swatek, Birmingham, for appellant.

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

CATES, Judge.

Assault with intent to murder: sentence, twelve years.

I

We abstract from the State's brief:

"* * * Officer Wigley went out into the street and tried to persuade Fitzpatrick to give up the shotgun. At this time Fitzpatrick stuck the shotgun to within six inches of the Officer's stomach and began to fumble with the hammer, trying to cock it (R. 35). Officer Smith, one of the three policemen at the scene, fired a warning shot...

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