FOWLER v. STATE

8 Div. 191.

376 So.2d 794 (1979)

James Harvey FOWLER v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied August 21, 1979.


Attorney(s) appearing for the Case

Sherman B. Powell, Jr., Decatur, for appellant.

Charles A. Graddick, Atty. Gen. and Jimmy L. Debardelaben, Asst. Atty. Gen., for the State, appellee.


BOWEN, Judge.

The defendant was indicted for the first degree murder of Ricky Lynn Slaten. A jury found him guilty of murder in the second degree and fixed his punishment at ninety-nine years' imprisonment.

I

The defendant maintains that the trial court erred in failing to grant a mistrial after reference was made by a State's witness to the fact that the defendant initially refused to waive his constitutional rights and requested the presence of...

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