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PENDLETON v. STATE

6 Div. 881.

329 So.2d 140 (1975)

Eugene Bizell PENDLETON, Jr. v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied October 28, 1975.

Attorney(s) appearing for the Case

J. Louis Wilkinson, Birmingham, for appellant.

William J. Baxley, Atty. Gen., and Quentin Q. Brown, Jr., Asst. Atty. Gen., Birmingham, for the State.

HARRIS, Judge.

Appellant was put to trial upon an indictment which, omitting the formal parts, reads as follows:

"The Grand Jury of said County charges that, before the finding of this indictment, EUGENE BIZELL PENDLETON, JR., whose name is otherwise unknown to the Grand Jury, and unlawfully, and with malice aforethought, killed Bobby Alvin Duke, Jr., against the peace and dignity of the State of Alabama." (Emphasis added.)

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