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MARTIN v. STATE

6 Div. 4.

167 So.2d 915 (1964)

Lee MARTIN v. STATE.

Court of Appeals of Alabama.

Rehearing Denied October 6, 1964.

Attorney(s) appearing for the Case

Robt. French, Jr., Tuscaloosa, for appellant.

Richmond M. Flowers, Atty. Gen., and Bernard F. Sykes, Asst. Atty. Gen., for the State.

CATES, Judge.

Martin pled guilty to first degree burglary. A jury fixed his punishment at twelve years in the penitentiary. He then appealed.

October 23, 1963, the grand jury handed down the indictment. Count one was for rape; two and three charged burglary first degree.

November 8, we find the following judgment entry in the record:

"This day came defendant in open Court in his own proper person and the Court then and there: "1...

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