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ESLAVA v. STATE

1 Div. 870.

473 So.2d 1143 (1985)

Joseph A. ESLAVA, Jr. v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied May 28, 1985.

Certiorari Denied July 19, 1985.

Attorney(s) appearing for the Case

Ian F. Gaston, Mobile, for appellant.

Charles A. Graddick, Atty. Gen., and Robert B. Rinehart, Asst. Atty. Gen., for appellee.

Alabama Supreme Court 84-904.

BOWEN, Presiding Judge.

Joseph A. Eslava, Jr. was indicted and convicted for the murder of one-year-old Derrick Pender. He was sentenced to life imprisonment. Six issues are raised on appeal.

I

The defendant argues that the trial court erred in admitting evidence of prior injuries sustained by Derrick Pender absent clear and convincing proof that they were inflicted by the defendant.

It is undisputed...

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