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SMITH v. STATE

6 Div. 61.

257 So.2d 372 (1972)

Daniel SMITH v. STATE.

Court of Criminal Appeals of Alabama.

January 25, 1972.

Attorney(s) appearing for the Case

Thomas Seay, Birmingham, for appellant.

William J. Baxley, Atty. Gen., and Joseph G. L. Marston, III, Asst. Atty. Gen., for the State.

PER CURIAM.

The indictment in the Circuit Court of Jefferson County charged the defendant with murder in the first degree. He was convicted of murder in the second degree and sentenced to ten years imprisonment, from which judgment he appeals.

The appellant entered a plea of not guilty and relied upon self defense under the plea.

In view of the motion ot appellant to exclude the evidence, which was overruled...

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