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GARGUS v. STATE

CR-98-0127.

764 So.2d 565 (1999)

Doyce Wade GARGUS v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied July 16, 1999.

Certiorari Quashed February 18, 2000.

Attorney(s) appearing for the Case

William A. Millican, Gadsden, for appellant.

Bill Pryor, atty. gen., and Hense R. Ellis II, asst. atty. gen., for appellee.

Alabama Supreme Court 1981852.

COBB, Judge.

Doyce Wade Gargus was convicted of reckless manslaughter, a violation of § 13A-6-3, Ala.Code 1975. He was sentenced to 20 years in prison. On appeal, Gargus contends that the trial court erred when it refused to instruct the jury as to the lesser-included offense of criminally negligent homicide.

The State presented the following evidence at trial. On Thanksgiving night, November 28, 1996, Gargus and...

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