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RIGGENS v. STATE

6 Div. 306.

207 So.2d 141 (1968)

Jimmie Lee RIGGENS v. STATE.

Court of Appeals of Alabama.

January 16, 1968.

Attorney(s) appearing for the Case

Lewis K. Cato and David E. Hicks, Birmingham, for appellant.

MacDonald Gallion, Atty. Gen., and Carl E. Watson, Sp. Asst. Atty. Gen., for the State.

CATES, Judge.

This appeal was submitted on written arguments October 19, 1967.

Riggens was convicted of robbery with the verdict also setting his punishment at fifteen years in the penitentiary. The trial judge found him guilty, and after allocutus sentenced him pursuant to verdict. Code 1940, T. 14, § 415, provides:

"§ 415. Any person who is convicted of robbery shall be punished, at the discretion of the jury, by death, or by imprisonment...

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