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JOHNSON v. STATE

6 Div. 765.

535 So.2d 191 (1985)

James JOHNSON v. STATE.

Court of Criminal Appeals of Alabama.

On Return to Remand October 11, 1988.

Attorney(s) appearing for the Case

L. Dan Turberville, Birmingham, for appellant.

Charles A. Graddick, Atty. Gen., and J. Elizabeth Kellum, Asst. Atty. Gen., for appellee.

ON REHEARING

TYSON, Judge.

On October 8, 1985, this court unanimously, without opinion, affirmed this cause. 482 So.2d 306. This judgment is hereby set aside.

James Johnson was charged by indictment with intentionally causing the death of Joseph Smith "by shooting him with a pistol" contrary to § 13A-6-2, Code of Alabama 1975 as amended. He initially pled not guilty at arraignment but, thereafter, the record discloses an "Ireland Form", Ireland...

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