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SPERLING v. STATE

1 Div. 616.

329 So.2d 641 (1976)

Edwin Michel SPERLING, alias v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied March 30, 1976.

Attorney(s) appearing for the Case

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

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

BOWEN W. SIMMONS, Supernumerary Circuit Judge.

A jury convicted defendant of murder in the second degree as charged in the indictment and fixed his punishment at life imprisonment. He was an indigent at the trial and here on this appeal. Different appointed counsel represents him on this appeal.

It appears from the evidence that defendant, two others, and the deceased were all hoboes and had assembled at a "jungle"

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