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GRAHAM v. STATE

4 Div. 129.

274 So.2d 103 (1972)

Joseph B. GRAHAM v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied January 23, 1973.

Attorney(s) appearing for the Case

Tipler, Fuller, Melton & Barnes, Andalusia, for appellant.

William J. Baxley, Atty. Gen. and Richard F. Calhoun, Asst. Atty. Gen., for the State.

CATES, Presiding Judge.

Voluntary manslaughter: sentence, "imprisonment in the Penitentiary * * * for the term of one (1) year."

In Hanby v. State, 267 Ala. 69, 101 So.2d 562, we find:

"* * * Under the decisions of the appellate courts of this state a convicted defendant should be sentenced to the county jail or to hard labor for the county, not to the penitentiary, where punishment is fixed at imprisonment for...

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