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GENTRY v. STATE

CR-92-0409.

689 So.2d 894 (1994)

Joseph Ward GENTRY v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied December 29, 1994.

Attorney(s) appearing for the Case

William K. Delgrosso, Birmingham, and L. Dan Turberville, Birmingham, for appellant.

James H. Evans, Atty. Gen., and Stephen Dodd, Asst. Atty. Gen., for appellee.

PATTERSON, Judge.

The appellant, Joseph Ward Gentry, was indicted on April 7, 1989, in Jefferson County, for the capital offense of murder committed during a burglary in the first or second degree or an attempt thereof, a violation of Ala.Code 1975, § 13A-5-40(a)(4). The indictment reads, in pertinent part, as follows:

"The grand jury charges that ... Joseph Ward Gentry, did intentionally cause the death of Kimberly Diane Hill by stabbing her with a...

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