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BARR v. STATE

8 Div. 522.

409 So.2d 976 (1981)

Howard William BARR v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied December 29, 1981.

Certiorari Denied, February 19, 1982.

Attorney(s) appearing for the Case

L. Thomas Ryan, Jr., Huntsville, for appellant.

Charles A. Graddick, Atty. Gen. and Thomas R. Allison, Asst. Atty. Gen., for appellee.

Alabama Supreme Court 81-325.

LEIGH M. CLARK, Retired Circuit Judge.

Appellant was indicted for murder of Larry Frank Russell, pursuant to Criminal Code § 13A-6-2, which provides in pertinent part:

"(a) A person commits the crime of murder if: ". . . ". . . "(3) He commits or attempts to commit... `burglary in the first or second degree' and, in the course of and in furtherance of the crime that he is committing...

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