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BUCHANAN v. STATE

6 Div. 299.

282 So.2d 95 (1973)

Jimmy Lee BUCHANAN v. STATE.

Court of Criminal Appeals of Alabama.

August 14, 1973.

Attorney(s) appearing for the Case

Fred Blanton, Birmingham, for appellant.

William J. Baxley, Atty. Gen., and Samuel L. Adams, Asst. Atty. Gen., for the State.

CATES, Presiding Judge.

Murder in the first degree: sentence, death by electrocution.

I

According to the tendency of the State's evidence, Buchanan appeared at a filling station in the north side of Birmingham on a rainy February night in 1970. He informed the three attendants present that this was a hold up and demanded their (and the oil company's) money. In the meantime, customers appeared blowing the

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