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McMILLIAN v. STATE

1 Div. 864.

570 So.2d 1285 (1990)

Walter McMILLIAN v. STATE.

Court of Criminal Appeals of Alabama.

September 21, 1990.

Attorney(s) appearing for the Case

Bryan A. Stevenson, Montgomery, for appellant.

Don Siegelman, Atty. Gen., and William D. Little, Asst. Atty. Gen., for appellee.

PATTERSON, Judge.

Appellant, Walter McMillian, was jointly indicted with Ralph Myers, in a two-count indictment, on December 11, 1987, in Monroe County, for the capital offense of murder committed during a robbery in the first degree, in violation of § 13A-5-40(a)(2), Code of Alabama 1975. The indictment reads, in pertinent part, as follows:

"COUNT I "The Grand Jury of said County charge that before the finding of this indictment, Walter McMillian...

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