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BYRD v. STATE

4 Div. 602.

363 So.2d 115 (1978)

Floyd BYRD v. STATE.

Court of Criminal Appeals of Alabama.

October 3, 1978.

Attorney(s) appearing for the Case

E. H. Graves, Jr., Eufaula, for appellant.

William J. Baxley, Atty. Gen. and L. G. Kendrick, Asst. Atty. Gen., for the State.

DeCARLO, Judge.

On July 18, 1977, the grand jury of Barbour County indicted Floyd Byrd, charging:

". . . Floyd Byrd, whose name is to the Grand Jury otherwise unknown, did assault with a deadly weapon William Petty, a peace officer of this State, while the said officer was engaged in the active discharge of his duty or duties, by shooting at him with a gun or pistol, . . ."

After a jury trial on August 10, 1977, Byrd was found guilty and sentenced...

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