LISTER v. STATE

7 Div. 104.

437 So.2d 622 (1983)

John Thomas LISTER v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied August 30, 1983.


Attorney(s) appearing for the Case

Patrick H. Tate and David C. Wear, Fort Payne, for appellant.

Charles A. Graddick, Atty. Gen., and P. David Bjurberg, Asst. Atty. Gen., for appellee.


BOWEN, Presiding Judge.

The defendant was indicted for the attempted murder of Lois Bray. A jury convicted him of assault in the first degree. Sentence was twenty years' imprisonment. Three issues are raised on appeal.

I

On the night of January 23, 1982, the defendant shot and killed Betty Bray and shot and wounded her husband, Lois Bray, in one continuing criminal transaction. The murder case had the lower docket number, CC-82-29, followed by the...

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