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SMITH v. STATE

3 Div. 448.

329 So.2d 158 (1976)

Johnny SMITH, alias v. STATE.

Court of Criminal Appeals of Alabama.

March 16, 1976.

Attorney(s) appearing for the Case

Joseph T. Carpenter, Montgomery, for appellant.

William J. Baxley, Atty. Gen., and Ellis D. Hanan, Asst. Atty. Gen., for the State.

BOWEN W. SIMMONS, Supernumerary Circuit Judge.

Appellant-defendant, an indigent here with appointed counsel, was indicted for murder in the first degree, convicted by a jury of this degree, and punishment fixed at life imprisonment. The indictment was in statutory form. Title 15, § 259(79), Code 1940.

The alleged homicide occurred at night, near 1:00 A.M., Saturday morning, May 17, 1975, in the city of Montgomery...

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