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HARRIS v. STATE

1 Div. 623.

352 So.2d 460 (1976)

Johnny HARRIS, alias v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied March 9, 1976.

Attorney(s) appearing for the Case

William H. Allison, Jr., Louisville, Ky., W. Clinton Brown, Jr., Mobile, for appellant.

William J. Baxley, Atty. Gen., Eric A. Bowen, G. Daniel Evans, and James S. Ward, Asst. Attys. Gen., for the State.

Morris S. Dees, Jr., Joseph J. Levin, Jr., John L. Carroll, Pamela S. Horowitz, Montgomery, and Kenneth Cooper, Bay Minette, Ala., amicus curiae.

HARRIS, Judge.

Appellant was convicted of murder in the first degree and sentenced to death and the execution date was set for April 18, 1975, but was suspended pending an automatic appeal to this Court.

Omitting the formal parts, the indictment reads as follows:

"The Grand Jury of said County charge that before the finding of this indictment Johnny Harris, alias John Harris, whose true name is to the Grand Jury otherwise unknown, a convict, having...

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