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LOWERY v. STATE

3 Div. 542.

342 So.2d 797 (1976)

William N. LOWERY v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied February 1, 1977.

Attorney(s) appearing for the Case

Von G. Memory, Montgomery, for appellant.

William J. Baxley, Atty. Gen. and Eric A. Bowen, Asst. Atty. Gen., for the State, appellee.

HARRIS, Judge.

In 1972 appellant was convicted of murder in the second degree under an indictment charging murder in the first degree. The jury fixed his punishment at twenty years in the penitentiary. He appealed this conviction and the case was reversed. Lowery v. State, 55 Ala.App. 511, 317 So.2d 357; 294 Ala. 347, 317 So.2d 360; 55 Ala.App. 514, 317 So.2d 365

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