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BONE v. STATE

CR-95-2144.

706 So.2d 1291 (1997)

Charles Earl BONE, Jr. v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied August 22, 1997.

Certiorari Denied November 14, 1997.

Attorney(s) appearing for the Case

William P. Burgess, Jr., and Mark McDaniel, Huntsville, for appellant.

Bill Pryor, atty. gen., and Jean A. Therkelsen, asst. atty. gen., for appellee.

Alabama Supreme Court 1962006.

BASCHAB, Judge.

The appellant, Charles Earl Bone, Jr., was indicted for capital murder for shooting and killing a minor with a pistol while the victim was seated in a motor vehicle. See § 13A-5-40(a)(17), Ala.Code 1975. He was found guilty of the lesser included offense of murder on June 14, 1996, and was sentenced to life imprisonment.

The evidence indicated that on May 24, 1994, the appellant and three other...

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