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TOLER v. STATE

1 Div. 25.

371 So.2d 468 (1979)

Sammie Lee TOLER v. STATE.

Court of Criminal Appeals of Alabama.

May 22, 1979.

Attorney(s) appearing for the Case

George K. Elbrecht, Monroeville, for appellant.

Charles A. Graddick, Atty. Gen., and David W. Clark, Asst. Atty. Gen., for the State, appellee.

TYSON, Judge.

Appellant was charged by indictment with the second degree murder of one Otto Kidd "by shooting him with a rifle," etc. The trial jury, using a verdict form given in the trial court's oral charge, returned a guilty verdict, which reads as follows:

"VERDICT

"We, the jury, find the defendant guilty of murder in the second degree as charged in the indictment."

Following the return of...

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