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Payne v. State

Supreme Court of Alabama
Dec 2, 1980
391 So. 2d 146 (Ala. 1980)

Summary

Killing in duel is not a lesser included offense of murder in the first degree since duelling contains the elements of a one-to-one fight with deadly weapons not necessarily required for the crime of murder in the first degree

Summary of this case from Whirley v. State

Opinion

79-842.

December 2, 1980.

Certiorari to the Court of Criminal Appeals, 391 So.2d 140.


WRIT DENIED-NO OPINION.

TORBERT, C.J., and JONES, SHORES and BEATTY, JJ., concur.


Summaries of

Payne v. State

Supreme Court of Alabama
Dec 2, 1980
391 So. 2d 146 (Ala. 1980)

Killing in duel is not a lesser included offense of murder in the first degree since duelling contains the elements of a one-to-one fight with deadly weapons not necessarily required for the crime of murder in the first degree

Summary of this case from Whirley v. State
Case details for

Payne v. State

Case Details

Full title:Ex parte State of Alabama ex rel. Attorney General. (Re: James W. PAYNE v…

Court:Supreme Court of Alabama

Date published: Dec 2, 1980

Citations

391 So. 2d 146 (Ala. 1980)

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