PATE v. STATE

1 Div. 350.

512 So.2d 138 (1987)

Herman PATE v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied April 28, 1987.

Certiorari Denied July 31, 1987.


Attorney(s) appearing for the Case

Arthur J. Madden III, Mobile, for appellant.

Charles A. Graddick, Atty. Gen., and Fred F. Bell, Asst. Atty. Gen., for appellee.


Alabama Supreme Court 86-1039.

TYSON, Judge.

Herman Pate was indicted for the offense of vehicular homicide, in violation of § 32-5A-190, Code of Alabama 1975. The jury found the appellant "guilty as charged in the indictment," and he was sentenced to five years' imprisonment in the penitentiary.

At approximately 6:00-6:30 on the evening of May 21, 1984, James Hunn was working on the roof of his barn which is located approximately one-half block...

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