AVERY v. STATE

5 Div. 415.

363 So.2d 1036 (1978)

Jack AVERY v. STATE.

Court of Criminal Appeals of Alabama.

October 31, 1978.


Attorney(s) appearing for the Case

Mickey L. Johnson, Pelham, for appellant.

William J. Baxley, Atty. Gen., and J. Anthony McLain, Asst. Atty. Gen., for the State.


HARRIS, Presiding Judge.

Appellant was convicted of murder in the first degree and the jury fixed his punishment at life imprisonment in the penitentiary. Appellant was represented by counsel of his own choice and at arraignment pleaded not guilty. After sentence was imposed appellant gave notice of appeal and trial counsel represents him on this appeal.

There was no motion to exclude the State's evidence; there was no request for the affirmative charge, and...

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