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IRVIN v. STATE

6 Div. 613.

415 So.2d 1187 (1982)

Steve A. IRVIN v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied April 20, 1982.

Certiorari Denied, June 25, 1982.

Attorney(s) appearing for the Case

Larry Waites of Dinsmore, Waites & Stovall, Birmingham, for appellant.

Charles A. Graddick, Atty. Gen. and Jennifer M. Mullins, Asst. Atty. Gen., for appellee.

Alabama Supreme Court 81-647.

TYSON, Judge.

Appellant was indicted and convicted for the murder of James Richard Fielden, Jr. by shooting him with a pistol in violation of Ala.Code § 13A-6-2 (Supp.1977). The trial court fixed his punishment at twenty-five years' imprisonment in the state penitentiary.

The sufficiency of the state's evidence is not questioned. Briefly stated, appellant shot the deceased in the back of the head around 3:00 a. m...

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