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PASSMORE v. STATE

4 Div. 96.

252 So.2d 115 (1971)

James Edgar PASSMORE v. STATE.

Court of Criminal Appeals of Alabama.

November 2, 1971.

Attorney(s) appearing for the Case

Greene & Pope, and Charles Floyd, Phenix City, for appellant.

William J. Baxley, Atty. Gen., and Herbert H. Henry, Asst. Atty. Gen., for the State.

PER CURIAM.

The defendant appeals from a judgment of conviction of murder in the first degree, with sentence of life imprisonment.

In brief filed by the attorney for the appellant, it is earnestly insisted that the court was in error in limiting the oral charge to murder in the first degree and instructing the jury that under the testimony offered the defendant would be guilty of murder in the first degree or of...

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