FINLEY v. STATE

3 Div. 334.

405 So.2d 161 (1981)

James FINLEY, alias v. STATE.

Court of Criminal Appeals of Alabama.

October 6, 1981.


Attorney(s) appearing for the Case

Elno A. Smith, Jr., Montgomery, for appellant.

Charles A. Graddick, Atty. Gen. and William Dudley Motlow, Jr., Asst. Atty. Gen., for appellee.


DeCARLO, Judge.

Appellant was indicted for first degree murder and, after a jury trial, convicted of second degree murder and sentenced to ten years.

Appellant was charged, in a nine-count indictment, for the murder of one Herman Flanory by, inter alia, (1) kicking him, (2) stomping him, (3) throwing him on the ground, (4) throwing him on the hood of the car, (5) beating him with his fists, or (6) stabbing him. The State's evidence showed that about 1:30 A...

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