BERTRAND v. STATE

3 Div. 17.

238 So.2d 914 (1970)

Emory O'Neal BERTRAND v. STATE.

Court of Criminal Appeals of Alabama.

August 25, 1970.


Attorney(s) appearing for the Case

Everette A. Price, Jr., Brewton, for appellant.

MacDonald Gallion, Atty. Gen., and Lloyd G. Hart, Asst. Atty. Gen., for the State.


CATES, Judge.

Assault with intent to commit the crime against nature, in this case fellatio; sentence, 20 years. Code 1940, T. 14, § 38.

The State's proof, if believed to the required degree, was sufficient to support the verdict. The defendant's claim was alibi and insanity. He was his only witness.

I

The only point raised by brief on appeal which we deem substantial is that the trial judge abused his judicial discretion in denying...

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