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HEAD v. STATE

6 Div. 981.

392 So.2d 860 (1980)

Brenda Sue HEAD v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied October 28, 1980.

Attorney(s) appearing for the Case

Larry Waites and J. Wilson Dinsmore of Dinsmore, Waites & Stovall, Birmingham, for appellant.

Charles A. Graddick, Atty. Gen., and Elizabeth Ann Evans, Asst. Atty. Gen., for appellee.

DeCARLO, Judge.

Brenda Sue Head was indicted by the Jefferson County Grand Jury for first degree murder of her husband, Roy Anthony Head. At arraignment, with retained counsel present, she pleaded not guilty. After a jury trial, she was found guilty of second degree murder. Later, she was sentenced to ten years imprisonment in the penitentiary.

The evidence at the trial showed that the deceased's natural mother saw her son approximately

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