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BERRY v. STATE

4 Div. 540.

179 So.2d 428 (1965)

Emmett BERRY v. STATE.

Court of Appeals of Alabama.

October 13, 1965.

Attorney(s) appearing for the Case

Allen Cook, Andalusia, for appellant.

Richmond M. Flowers, Atty. Gen., and John C. Tyson, III, Asst. Atty. Gen., for the State.

CATES, Judge.

This cause was submitted September 9, 1965.

Berry appeals from a judgment on a general verdict of guilt.

The Court adjudicated him guilty of grand larceny (a charge found in count 2 of the indictment)1 and sentenced him to four years in the penitentiary.

When the State rested, defense counsel moved to exclude the evidence because, under Code 1940, T. 15, § 307,2 there...

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