HURLEY v. STATE

7 Div. 681.

153 So.2d 254 (1963)

Russell H. HURLEY v. STATE.

Court of Appeals of Alabama.

May 7, 1963.


Attorney(s) appearing for the Case

Beddow, Embry & Beddow, Birmingham, Wm. S. Halsey, Jr., Heflin, for appellant.

Richmond M. Flowers, Atty. Gen., and John C. Tyson, III, Asst. Atty. Gen., for the State.


CATES, Judge.

Hurley appeals from his conviction for robbery in the Circuit Court of Cleburne County wherein a jury found him guilty and fixed his punishment at ten years in the penitentiary. He was sentenced by the trial court, and later filed a motion for new trial which, however, was not presented to the circuit clerk until the 18th day of October. Code 1940, T. 13, § 119.

The principal question presented on oral argument was whether Hurley (admittedly...

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