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HANDLEY v. STATE

6 Div. 360.

515 So.2d 121 (1987)

Paul Dewayne HANDLEY v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied July 28, 1987.

Certiorari Denied October 16, 1987.

Attorney(s) appearing for the Case

George C. Lucas, Ronda H. Lacey, Birmingham, for appellant.

Charles A. Graddick, Atty. Gen., and Rivard Melson, Asst. Atty. Gen., for appellee.

Alabama Supreme Court 86-1414.

PATTERSON, Judge.

Paul Dewayne Handley, appellant, was indicted for the offense of "murder by the defendant during sodomy in the first ... degree or an attempt thereof committed by the defendant." Ala.Code 1975, § 13A-5-40(a)(3). The indictment, in pertinent part, reads as follows:

"PAUL DEWAYNE HANDLEY ... did intentionally cause the death of Denise Madolyn Murphree, by stomping her with his feet, kicking her with...

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