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McWILLIAMS v. STATE

3 Div. 93.

476 So.2d 1244 (1985)

R. C. McWILLIAMS v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied July 2, 1985.

Certiorari Denied November 1, 1985.

Attorney(s) appearing for the Case

Benjamin E. Pool, Montgomery, for appellant.

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

Alabama Supreme Court 84-1077.

BOWEN, Presiding Judge.

R. C. McWilliams was indicted for the attempted murder of Edmond Davis in violation of Alabama Code 1975, § 13A-4-2. A jury convicted him of the lesser included offense of first degree assault. The ten-year sentence was split conditioned upon the defendant serving one year in the penitentiary. Three issues are raised on appeal.

I

Ostensibly, the defendant shot Davis because he thought...

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