DeCARLO, Judge.
On March 16, 1976, the grand jury of Covington County indicted the appellant for first degree murder. The indictment charged that Cleo D. Jackson ". . . unlawfully and with malice aforethought killed Roy Charles Crittenden by so operating the motor vehicle he was driving as to cause it to run into, over, upon, or against a vehicle in which the said Roy Charles Crittenden, was riding and thereby causing the death of Roy Charles Crittenden. . . ."
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