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WAGNER v. STATE

3 Div. 925.

555 So.2d 1141 (1989)

Cecil James WAGNER v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied November 17, 1989.

Certiorari Denied January 26, 1990.

Attorney(s) appearing for the Case

Benjamin E. Pool, Montgomery, for appellant.

Don Siegelman, Atty. Gen., and J. Thomas Leverette, Asst. Atty. Gen., for appellee.

Alabama Supreme Court 89-291.

TAYLOR, Presiding Judge.

The appellant, Cecil James Wagner, was convicted of the capital murder of Charlie Smith, in violation of § 13A-5-40, Code of Alabama 1975. He was sentenced to life imprisonment in the State penitentiary without the possibility of parole.

The evidence tended to show that on September 27, 1986, the appellant did some drinking. Evidently in hopes of...

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