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RIVERS v. STATE

4 Div. 879.

410 So.2d 465 (1982)

Wallace RIVERS v. STATE.

Court of Criminal Appeals of Alabama.

March 2, 1982.

Attorney(s) appearing for the Case

Cada M. Carter of Byrd, Carter & Smith, Dothan, for appellant.

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

CLARK, Retired Circuit Judge.

Appellant was tried under a three-count indictment charging him with the murder of Lewis Wilson, Jr. A jury found him guilty of murder "as charged in Count One of the Indictment." The only difference between Count One and the other two counts is that in Count One it is alleged that the alleged victim's death was caused "by hitting him on the head with a semiblunt instrument" while the other...

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