HOLCEY v. STATE

5 Div. 178.

296 So.2d 750 (1974)

Eddie Davis HOLCEY v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied June 4, 1974.


Attorney(s) appearing for the Case

Samford, Torbert, Denson & Horsley, Opelika, for appellant.

William J. Baxley, Atty. Gen. and Frederick T. Enslen, Jr., Sp. Asst. Atty. Gen., for the State.


TYSON, Judge.

The Grand Jury of Lee County charged the appellant with the first degree murder of George Avery by shooting him with a gun or pistol. The Jury's verdict found the appellant guilty of murder in the second degree and fixed punishment at twenty years' imprisonment. The trial court entered its judgment in accordance with this verdict.

By stipulation, the State Toxicologist's, Dr. Roper's, testimony was "that George Avery died as a result of two bullet...

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