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CARPENTER v. STATE

6 Div. 293.

395 So.2d 110 (1980)

Billy Wayne CARPENTER v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied January 20, 1981.

Attorney(s) appearing for the Case

Michael W. McCormick, Birmingham, for appellant.

Charles A. Graddick, Atty. Gen., Sandra M. Solowiej, Asst. Atty. Gen., for appellee.

LEIGH M. CLARK, Retired Circuit Judge.

A jury found appellant-defendant guilty of murder in the second degree and fixed his punishment at imprisonment for twenty-five years. He was sentenced accordingly. The indictment alleged:

"The Grand Jury of said County charge that before the finding of this indictment, Billy Wayne Carpenter, whose name is to the Grand Jury otherwise unknown, unlawfully, and with malice aforethought, killed Oscar Carden by shooting him...

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