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MORRIS v. STATE

6 Div. 34.

251 So.2d 629 (1971)

Albert MORRIS v. STATE.

Court of Criminal Appeals of Alabama.

August 17, 1971.

Attorney(s) appearing for the Case

Roderick M. MacLeod, Jr., Birmingham, for appellant.

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

PER CURIAM.

Appellant was indicted for the offense of murder in the first degree. He was tried by a jury in the Jefferson County Circuit Court, convicted of murder in the second degree, and sentenced to twenty years in the penitentiary.

Appellant filed a plea of former jeopardy. The State filed a motion to dismiss this plea. The evidence taken on the State's motion to dismiss the plea indicated that on January 20, 1969, this case came up for trial and at that...

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