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DUKE v. STATE

7 Div. 900.

263 So.2d 170 (1971)

Bobby DUKE, alias v. STATE of Alabama. Ex parte Bobby Duke, alias Bobby Dukes also known as Bobby Joe Duke.

Supreme Court of Alabama.

August 19, 1971.

Attorney(s) appearing for the Case

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

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

MERRILL, Justice.

Petitioner seeks a review by certiorari of a decision of the Court of Criminal Appeals which affirmed a conviction of second degree murder.

The basis of the petition is that the decision is in conflict with a prior decision of the Supreme Court of the United States on the constitutional prohibition against double jeopardy, announced in Ashe v. Swenson, 397 U.S. 436

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