CLAYTON v. STATE

7 Div. 570.

359 So.2d 419 (1978)

James Howard CLAYTON v. STATE.

Court of Criminal Appeals of Alabama.

May 30, 1978.


Attorney(s) appearing for the Case

Fred Ray Lybrand, of Lybrand, Sides, Hamner & Oglesby, Anniston, for appellant.

William J. Baxley, Atty. Gen., and Samuel J. Clenney, III, Asst. Atty. Gen., for the State.


LEIGH M. CLARK, Retired Circuit Judge.

In a two-count indictment appellant-defendant was charged with murder in the first degree. The first count alleged that he killed Larry Robinson by driving an automobile over, upon, or against the automobile which Larry Robinson was driving; the second count charged that defendant killed Bartow Browning by operating an automobile in which Browning was a passenger in such a manner as to cause his death.

The court gave...

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