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HARRIS v. STATE

8 Div. 376.

395 So.2d 1063 (1980)

Thomas Glenn HARRIS v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied January 20, 1981.

Attorney(s) appearing for the Case

W. H. Rogers, Moulton, for appellant.

Charles A. Graddick, Atty. Gen., and J. Anthony McLain and James F. Hampton, Sp. Asst. Attys. Gen., for appellee.

LEIGH M. CLARK, Retired Circuit Judge.

A jury found appellant guilty of murder in the first degree of Flora Dean Polk by shooting her with a shotgun and fixed his punishment at imprisonment for life. He was sentenced accordingly.

Appellant's first assertion of error is to the effect that the court erred in denying defendant's motion for a new trial for the reason that at the time the alleged crime was committed there was no crime of murder

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