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NELSON v. STATE

6 Div. 418.

278 So.2d 734 (1973)

David Larry NELSON v. STATE.

Court of Criminal Appeals of Alabama.

Motion Denied May 29, 1973.

Attorney(s) appearing for the Case

Swatek & Bell, Birmingham, for appellant.

William J. Baxley, Atty. Gen. and George M. Van Tassel, Jr., Asst. Atty. Gen., for the State.

HARRIS, Judge.

The judgment entry recites that appellant was arraigned upon an indictment charging murder in the first degree and was convicted of murder in the second degree and punishment fixed at imprisonment in the penitentiary for a term of twenty-five (25) years. Appellant is now at servitude.

Omitting the formal parts, the indictment reads as follows:

"The Grand Jury of said County charge that, before the finding of this indictment, DAVID LARRY...

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