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WHITEHURST v. STATE

4 Div. 153.

288 So.2d 152 (1973)

Joseph E. WHITEHURST v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied October 30, 1973.

Attorney(s) appearing for the Case

Rogers, Howard, Redden & Mills, Birmingham, for appellant.

William J. Baxley, Atty. Gen., and J. Victor Price, Jr., Asst. Atty. Gen., for the State.

CATES, Presiding Judge.

Murder in the second degree (uxoricide): sentence, fifteen years imprisonment.

The essence of the State's case against Whitehurst is encapsulated in a statement related to the jury through the testimony of Marlin Dillard, a detective in the Dothan Police Department. Dillard's testimony on this was:

"February the 5th of '71, he stated that he and his wife had left the office at noontime and went over to this apartment, apartment...

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