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RICH v. STATE

6 Div. 475.

287 So.2d 873 (1973)

John Powell RICH v. STATE.

Court of Criminal Appeals of Alabama.

December 11, 1973.

Attorney(s) appearing for the Case

Robert R. Bryan, Birmingham, for appellant.

William J. Baxley, Atty. Gen., Montgomery, and Jonathan Prince Gardberg, Sp. Asst. Atty. Gen., Mobile, for the State.

HARRIS, Judge.

Appellant was convicted of murder in the second degree and his punishment fixed at imprisonment in the penitentiary for a term of sixty (60) years. The homicide occurred on May 11, 1968. He was indicted for murder in the first degree on June 7, 1968. At arraignment on August 6, 1971, attended by counsel of his choice, he pleaded not guilty and not guilty by reason of insanity. He was tried on the 26th day of September, 1972. He retained new counsel...

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