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STATE v. McGAUGHY

3 Div. 622.

534 So.2d 1134 (1988)

STATE v. James Leon McGAUGHY.

Court of Criminal Appeals of Alabama.

Rehearing Denied August 23, 1988.

Certiorari Denied December 2, 1988.

Attorney(s) appearing for the Case

D. Wayne Perdue, Prattville, for appellant.

Don Siegelman, Atty. Gen., and Jean Williams Brown, Asst. Atty. Gen., for appellee.

Alabama Supreme Court 87-1395.

Prior Report: Ala.Cr.App., 505 So.2d 399.

On Return to Remand

PATTERSON, Judge.

On remand, in following this court's instruction to give the State "an opportunity to submit to the trial court additional evidence, if any, upon which it will rely in seeking to establish recklessness" in its prosecution of appellant for assault in the first degree, the trial court held...

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