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ROBERSON v. STATE

6 Div. 143.

384 So.2d 864 (1980)

Joseph M. ROBERSON v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied March 18, 1980.

Attorney(s) appearing for the Case

V. Russell Hoover, Birmingham, for appellant.

Charles A. Graddick, Atty. Gen., Joseph G. L. Marston, III, Asst. Atty. Gen., for appellee.

BOWEN, Judge.

The defendant was indicted and convicted for the first degree murder of his wife, Frances Watts Roberson. Sentence was life imprisonment.

I

The major allegation of error is that five year old Chris Tombrello was incompetent to testify as a witness.

Chris was his mother's youngest child and a stepson to the defendant. He was the only witness to his mother's murder. The trial judge examined...

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