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ROGERS v. STATE

7 Div. 241.

304 So.2d 255 (1974)

Terry J. ROGERS v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied November 26, 1974.

Attorney(s) appearing for the Case

Williams, Williams & Norton, Anniston, for appellant.

William J. Baxley, Atty. Gen., Montgomery and Roger M. Monroe, Sp. Asst. Atty. Gen., Birmingham, for appellee.

TYSON, JUDGE.

The Grand Jury of Calhoun County charged Terry J. Rogers with the first degree murder of Charles Waymon Davis. The appellant was found guilty of murder in the second degree, and judgment set sentence at ten years imprisonment in the penitentiary.

The indictment arose from the shooting of Charles Waymon Davis on July 25, 1971, at Young's Truck Stop Cafe near Piedmont in Calhoun County, Alabama. An altercation...

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