HARRIS, Judge.
On the night of November 9, 1970, the owner of an off-premise licensed beer package beverage store, located at 405 Dallas Avenue in the City of Huntsville, Madison County, Alabama, was shot twice with a .22 caliber pistol during an attempted robbery. Two black men entered the store around 8:30 p. m. and ordered a six-pack of beer. Present at the time was the store owner and one employee. Both were sitting in chairs when the men came in. The employee...
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