FLOURNOY v. STATE

3 Div. 11.

120 So.2d 121 (1957)

John Billy FLOURNOY v. STATE.

Court of Appeals of Alabama.

Rehearing Denied November 19, 1957.

Reversed on Mandate April 19, 1960.


Attorney(s) appearing for the Case

Geo. P. Howard, Wetumpka, for appellant.

John Patterson, Atty. Gen., and Paul T. Gish, Jr., Asst. Atty. Gen., for State.


PRICE, Judge.

Under an indictment charging robbery, defendant was convicted of an assault, a lesser offense included in that charged in the indictment. Rambo v. State, 134 Ala. 71, 32 So. 650; Robertson v. State, 24 Ala.App. 237, 133 So. 742. A sentence of six months at hard labor was imposed by the court.

The testimony for the State tends to show that on a Sunday night as James Sumrall, the prosecuting witness, was leaving from a visit to a girl's house in...

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