83 Ala. 5 | Ala. | 1887
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The third charge given at the request of the State need not be discussed, as it relates to murder in the first degree, and will not arise again, as the present conviction, which is for murder in the second degree, upon proper plea filed, must be adjudged to be an acquittal of murder in the first degree upon another trial.
The judgment is reversed, and the cause remanded. The prisoner, in the meanwhile, will be held in custody until discharged by due course of law.