BENEFIELD v. STATE

5 Div. 4.

246 So.2d 479 (1970)

Earl BENEFIELD v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied August 25, 1970.

Reversed after Remandment March 30, 1971.


Attorney(s) appearing for the Case

Hooton & Hooton, Roanoke, for appellant.

MacDonald Gallion, Atty. Gen., and Richard F. Calhoun, Asst. Atty. Gen., for the State.


CATES, Judge.

This is an appeal from a conviction of embezzlement, Code 1940, T. 14, § 126. Sentence, three years imprisonment.

The indictment reads (omitting caption, signature and words not important here):

"The Grand Jury * * * charge that * * * Earl Benefield, alias Earl the Pearl Benefield, R. F. Kelly, alias Bobby Kelly, and James Clark, alias Jim Clark, whose true christian names are otherwise unknown to the Grand Jury, as agents or servants...

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