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ROGERS v. STATE

4 Div. 271.

302 So.2d 547 (1974)

Tommy ROGERS v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied October 29, 1974.

Attorney(s) appearing for the Case

J. Knox Argo, Montgomery, for appellant.

William J. Baxley, Atty. Gen., Montgomery, and Francis A. Poggi, Jr., Sp. Asst. Atty. Gen., Fairhope, for the State.

GEORGE MURPHY, Circuit Judge.

Appellant was indicted for murder in the first degree. He was convicted of murder in the second degree and his punishment was fixed at imprisonment in the penitentiary for a term of sixteen years.

For the purposes of this appeal the following statement of fact will suffice:

The offense with which appellant was charged occurred in March, 1973. He was arrested at that time and held in the Barbour County Jail until indictment...

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