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JOHNSTON v. STATE

4 Div. 159.

455 So.2d 152 (1984)

James W. JOHNSTON, alias v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied May 8, 1984.

Certiorari Denied July 20, 1984.

Attorney(s) appearing for the Case

Allen Edward Cook and Benton Persons, Andalusia, for appellant.

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

Alabama Supreme Court 83-888.

TYSON, Judge.

James W. Johnston was indicted for the capital murder of one Mildred Hart in violation of § 13A-5-40(a)(8), Code of Alabama 1975. The jury found the appellant guilty as charged in the indictment and after a hearing on aggravating and mitigating circumstances he was sentenced to life imprisonment in the penitentiary without the benefit of parole.

This case arose out of a homicide which occurred on May...

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