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BALDWIN v. STATE

2 Div. 83.

275 So.2d 702 (1972)

Otis BALDWIN, Jr. v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied January 23, 1973.

Attorney(s) appearing for the Case

Jackson, Sikes & Morris, Selma, for appellant.

William J. Baxley, Atty. Gen., and David W. Clark, Asst. Atty. Gen., for the State.

CATES, Presiding Judge.

Second degree murder: sentence, twenty years.

I

On direct examination of the State's witness, Otis C. Moorer, Jr., we find in part:

"Q Where were you at approximately 9:00 or 9:15 P.M.? [June 30, 1970] A I had stopped at the Trackside service station out there to get some gas. Q Anything unusual happen while you were there? A Well, I heard some shots while the attendant was putting gas...

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