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McNEILL v. STATE

6 Div. 9.

496 So.2d 108 (1986)

John Maso McNEILL v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied August 12, 1986.

Certiorari Denied October 24, 1986.

Attorney(s) appearing for the Case

Donald L. Colee, Jr. of Ackerman, Colee & Tucker, Birmingham, for appellant.

Charles A. Graddick, Atty. Gen., and P. David Bjurberg, Asst. Atty. Gen., for appellee.

Alabama Supreme Court 85-1419.

BOWEN, Presiding Judge.

John Maso McNeill was convicted for the capital murder-robbery of Estell L. Samuels and sentenced to life imprisonment without the possibility of parole.

The trial judge improperly refused to instruct the jury that manslaughter was a lesser included offense of the capital murder charged in the indictment. McNeill argues that there was sufficient evidence of his intoxication at the time of the homicide...

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