O'BERRY v. STATE

1 Div. 911.

361 So.2d 1132 (1978)

James Allen O'BERRY v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied July 25, 1978.


Attorney(s) appearing for the Case

Theodore L. Hall, Mobile, for appellant.

William J. Baxley, Atty. Gen. and Milton E. Belcher, Asst. Atty. Gen., for the State.


BOWEN, Judge.

This is an appeal from a conviction of assault with intent to ravish for which the appellant was sentenced to twelve years' imprisonment.

The appellant urges this court to reverse his conviction for two reasons: (1) Because the trial court refused to declare a mistrial after discovering that the docket sheet and court file, which were not in evidence, had been with the jury during its deliberations and (2) because of the admission into evidence...

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