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TOSTON v. STATE

1 Div. 665.

333 So.2d 161 (1976)

Jerry TOSTON and Andrew Clayton v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied June 1, 1976.

Attorney(s) appearing for the Case

W. Mark Anderson, III, Montgomery, for appellants.

William J. Baxley, Atty. Gen., and Joel E. Dillard, Asst. Atty. Gen., for the State.

HARRIS, Judge.

Appellants were separately indicted for murder in the first degree involving the death of James Daniel Broughton, Jr. The families of both appellants employed the same lawyer to represent them. By agreement of defense counsel and the District Attorney, with the approval of the trial court, appellants were tried jointly. Both appellants individually consented to be tried jointly. When they were separately arraigned, each entered a plea of not guilty...

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