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WEST v. STATE

7 Div. 481.

101 So.2d 638 (1958)

Carl Benny WEST v. STATE.

Court of Appeals of Alabama.

Rehearing Denied February 11, 1958.

Attorney(s) appearing for the Case

W. M. Beck and Loma B. Beaty, Fort Payne, for appellant.

John Patterson, Atty. Gen., and Robt. P. Bradley, Asst. Atty. Gen., for the State.

CATES, Judge.

On February 18, 1957, West was indicted for robbery, tried on February 25, and was found guilty and sentenced to fifteen years penal servitude.

The State has moved to strike the record and dismiss West's appeal because the record proper was not filed here within the time required by revised Rule 37 of the Supreme Court, Code 1940, Tit. 7 Appendix.

West moved the court below to grant him a new trial, this on March 19, 1957. After proper...

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