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DUKE v. STATE

7 Div. 56.

263 So.2d 165 (1971)

Bobby DUKE, alias v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied May 25, 1971.

On Special Remand November 9, 1971.

Rehearing Denied November 30, 1971.

Attorney(s) appearing for the Case

Gus W. Colvin, Jr., and James S. Hubbard, Anniston, for appellant.

MacDonald Gallion, Atty. Gen., and Joseph Victor Price, Jr., Asst. Atty. Gen., for the State.

CATES, Judge.

Second degree murder: thirty years.

I

The instant indictment charged Duke with the murder of Lelus L. Harrison. On pleas of autrefois acquit and double jeopardy it was shown that Duke was acquitted of the murder of Harrison's son, Le Grande Harrison. Code 1940, T. 15, § 288.

Duke sought to bring himself under the single-bullet-two-bodies-equal-only-one-murder rule of Gunter v. State, 111 Ala. 23, 20 So. 632.

However...

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