HARBIN v. STATE

CR-05-1558.

14 So.3d 898 (2008)

Bobby Joe HARBIN v. STATE of Alabama.

Court of Criminal Appeals of Alabama.

Rehearing Denied August 22, 2008.

Certiorari Quashed February 13, 2009

Alabama Supreme Court 1071654.


Attorney(s) appearing for the Case

Samuel Boyd Bentley, Jasper; and Thomas Lavon Carmichael, Jasper, for appellant.

Troy King, atty. gen., and Nancy M. Kirby, asst. atty. gen., for appellee.


SHAW, Judge.

Bobby Joe Harbin was indicted for murder, a violation of § 13A-6-2, Ala.Code 1975. A jury convicted him of the lesser-included offense of heat-of-passion manslaughter, a violation of § 13A-6-3(a)(2), Ala.Code 1975. He was sentenced to 20 years' imprisonment.

The evidence adduced at trial indicated the following. In the late evening hours of January 10, 2003, Bobby Joseph Harris was stabbed to death during an altercation outside a gasoline...

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