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HILL v. STATE

8 Div. 209.

481 So.2d 419 (1985)

David Berry HILL v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied November 12, 1985.

Certiorari Denied January 24, 1986.

Attorney(s) appearing for the Case

Britt Cauthen of Cauthen & Cauthen, Decatur, for appellant.

Charles A. Graddick, Atty. Gen., and Jean Alexandra Webb, Asst. Atty. Gen., for appellee.

Alabama Supreme Court 85-240.

BOWEN, Presiding Judge.

David Berry Hill, the appellant, and Cecil Nathan Herron were separately indicted for the murder of Walter Luke Evans. The defendants were joined for trial and both men were convicted and sentenced to ninety-nine years' imprisonment. We find that the defendants were improperly joined for trial because their defenses were antagonistic and mutually exclusive.

Prior to trial, the prosecutor filed a...

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