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ERVIN v. STATE

7 Div. 129.

442 So.2d 123 (1983)

Fred D. ERVIN v. STATE of Alabama.

Court of Criminal Appeals of Alabama.

On Return to Remand October 4, 1983.

Rehearing Denied November 1, 1983.

Certiorari Denied December 22, 1983.

Attorney(s) appearing for the Case

B. Greg Wood, Wood, Hollingsworth & Willis, Talladega, for appellant.

Charles A. Graddick, Atty. Gen., and Jane LeCroy Brannan, Asst. Atty. Gen., for appellee.

Alabama Supreme Court 83-231.

TYSON, Judge.

Fred D. Ervin was indicted for assault in the second degree in violation of § 13A-6-21, Code of Alabama 1975. The jury found the appellant guilty "as charged in the indictment" and the trial judge set sentence at four years' imprisonment in the penitentiary.

I

Prior to trial, defense counsel filed a plea in abatement and a motion to quash based on the fact that the foreman of the Grand Jury...

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