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RUSSELL v. STATE

5 Div. 218.

309 So.2d 489 (1974)

John Henry RUSSELL v. STATE of Alabama.

Court of Criminal Appeals of Alabama.

Rehearing Denied October 1, 1974.

Attorney(s) appearing for the Case

Richard D. Lane, Auburn, for appellant.

William J. Baxley, Atty. Gen., and Kent Brunson, Asst. Atty. Gen., for the State.

BRADLEY,1 Judge.

Appellant was convicted of murder in the second degree and was sentenced to serve thirty-five years in the state penitentiary. The appeal is from that judgment.

Prior to trial a copy of the indictment along with a copy of the venire containing one hundred names of prospective jurors was served on appellant. Included in the list were the names of Lee P. Hale and Marilyn V. Fuller.

When the roll of summonsed...

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