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JOHNSTON v. STATE

4 Div. 676.

497 So.2d 844 (1986)

James W. JOHNSTON v. STATE.

Court of Criminal Appeals of Alabama.

October 14, 1986.

Attorney(s) appearing for the Case

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

Charles A. Graddick, Atty. Gen., and Martha Gail Ingram, Asst. Atty. Gen., for appellee.

TAYLOR, Judge.

James W. Johnston was charged with and convicted of capital murder of Miss Mildred Hart, a 67-year-old resident of Andalusia, Alabama. His case was appealed to this court, which reversed and remanded. Johnston v. State, 455 So.2d 152 (Ala. Cr.App.), cert. denied, 455 So.2d 152 (1984). He was again tried, but this time convicted of murder rather than capital murder. He was...

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