TOLBERT v. STATE

5 Div. 383.

348 So.2d 530 (1977)

Joe TOLBERT, Jr. v. STATE

Court of Criminal Appeals of Alabama.

July 26, 1977.


Attorney(s) appearing for the Case

H. Kenneth Wilkes of Baker, Lester & Wilkes, Opelika, for appellant.

William J. Baxley, Atty. Gen. and Eugenia D. B. Hofammann, Asst. Atty. Gen., for the State.


SIMMONS, Retired Circuit Judge.

Appellant-defendant, an indigent here and below, was indicted for murder in the first degree and was convicted by a jury for murder in the second degree; punishment, life imprisonment.

The alleged offense was committed after the effective date of Act No. 213, General Acts, 1975, effective March 7, 1976. The indictment was statutory in form and did not involve a death sentence as punishment. Act No. 213, supra, appears at p....

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