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CADE v. STATE

4 Div. 640.

375 So.2d 802 (1978)

Clyde CADE v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied January 30, 1979.

Attorney(s) appearing for the Case

Joseph P. Hughes, Geneva, for appellant.

William J. Baxley, Atty. Gen., and Linda C. Breland, Asst. Atty. Gen., for the State.

HARRIS, Presiding Judge.

The grand jury of Geneva County indicted appellant for the capital murder of L. D. Sizemore who at the time of his death was the Sheriff of that county.

The indictment was brought under the provisions of Section 13-11-2(a)(5), which reads as follows:

"(5) The murder of any police officer, sheriff, deputy, state trooper or peace officer of any kind, or prison or jail guard while such prison or jail guard is on duty or because...

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