CLARK v. STATE

6 Div. 494.

318 So.2d 801 (1974)

Billy Don CLARK v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied April 23, 1974.


Attorney(s) appearing for the Case

William M. Dawson, Jr., Birmingham, for appellant.

William J. Baxley, Atty. Gen. and Joseph G. L. Marston, III, Asst. Atty. Gen., for the State.


TYSON, Judge.

The Grand Jury of Tuscaloosa County, Alabama, indicted the appellant with first degree murder of Donald Richard Gwin. At arraignment the appellant entered pleas of not guilty, and not guilty by reason of insanity.

Prior to trial date, the appellant's sworn plea of autre fois acquit was overruled by the trial court.

At trial the Jury returned its verdict of guilty of murder in the first degree and set punishment at life imprisonment. The...

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