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McGUFF v. STATE

6 Div. 208.

268 So.2d 868 (1972)

Melvin McGUFF, alias Bo Cannon v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied September 12, 1972.

Attorney(s) appearing for the Case

Fite, Davis & Fite, Hamilton, Nolen & Enslen, Fayette, Richard O. Fant, Jr., Tuscaloosa, for appellant.

William J. Baxley, Atty. Gen., and J. Victor Price, Jr., Asst. Atty. Gen., for the State.

CATES, Judge.

First degree murder with a life sentence.

According to the tendencies of the State's evidence, McGuff without provocation shot a pedestrian on a country road one Sunday afternoon in April, 1969. His defense, alibi, seems not to have impressed the jury.

I

The first point raised arose as follows:

"Jury was selected and seated in the jury box and the rule was invoked. "MR. DAVIS: Let the record show that over...

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