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BEATTY v. STATE

6 Div. 530.

63 So.2d 287 (1953)

BEATTY v. STATE.

Court of Appeals of Alabama.

February 10, 1953.

Attorney(s) appearing for the Case

H. E. Mitchell and Marvin H. Galin, Cullman, for appellant.

Si Garrett, Atty. Gen. and Maury D. Smith, Asst. Atty. Gen., for the State.

CARR, Presiding Judge.

This prosecution is based on an alleged violation of Title 22, § 256, Code 1940.

In the court below the jury returned the following verdict: "We, the jury, find the defendant guilty, and fix his sentence at two years' imprisonment in the state penitentiary."

The trial judge sentenced the accused to the state penitentiary for a period of two years.

Section 258, Title 22, Code 1940, was amended by Act No. 307, p. 600...

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