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CREAR v. STATE

2 Div. 244.

376 So.2d 778 (1979)

Ralph CREAR v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied August 21, 1979.

Attorney(s) appearing for the Case

William T. Coplin, Jr., Demopolis, for appellant.

Charles A. Graddick, Atty. Gen. and Jean Williams Brown, Asst. Atty. Gen., for the State, appellee.

LEIGH M. CLARK, Retired Circuit Judge.

Appellant-defendant was tried on an indictment that charged that he "unlawfully and with malice aforethought, did assault William H. Smith with the intent to murder him." A jury returned a verdict as follows:

"We, the Jury, find the defendant guilty of Assault with Intent to Murder."

He was sentenced to imprisonment for fifteen years.

The undisputed evidence, consisting exclusively of testimony of witnesses...

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