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(DOWNLOAD) "Leslie Evans v. State" by Court of Criminal Appeals of Alabama # Book PDF Kindle ePub Free

Leslie Evans v. State

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eBook details

  • Title: Leslie Evans v. State
  • Author : Court of Criminal Appeals of Alabama
  • Release Date : January 03, 1978
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 50 KB

Description

The two-count indictment charged Leslie Evans with the first degree murder of Hayes J. Tooson by stabbing or cutting him with a knife while having been convicted and serving a sentence of murder in the second degree from Jefferson County, Alabama, within twenty years prior to the stated offense. Experienced counsel was appointed to represent the appellant, and, following discovery proceedings and arraignment on the capital murder indictment, the trial court conducted a hearing and allowed the appellant to enter a plea of guilty, as charged, based upon the recommendation by the State that the second count of the indictment be struck, and because of a mitigating circumstance as brought before the court that the appellant be allowed to plead guilty to murder in the first degree, and that the State would recommend punishment of life imprisonment without parole. The trial court then brought the appellant, his attorney, and the district attorney before the court and conducted a full and complete hearing on the voluntariness of the guilty plea, as required by Boykin v. Alabama, 395 U.S. 238, 89 S. Ct. 1709, 23 L. Ed. 2d 274, having ascertained that such plea was not brought about by any threat, intimidation, coercion, or other type of inducement, and after full advice by the trial Judge as to the appellant's constitutional rights, the appellant was allowed to enter the guilty plea to murder in the first degree, with a sentence of life without parole, and that such sentence would run concurrently with the thirty year sentence for murder in the second degree, which the appellant was then serving.


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