DUNCAN v. STATE

7 Div. 38.

248 So.2d 771 (1971)

Ira Kenneth DUNCAN v. STATE.

Court of Criminal Appeals of Alabama.

May 25, 1971.


Attorney(s) appearing for the Case

Hubert H. Wright and David B. Carnes, Gadsden, for appellant.

MacDonald Gallion, Atty. Gen., and David W. Clark, Asst. Atty. Gen., for the State.


PER CURIAM.

This is an appeal from a conviction by the Circuit Court of Etowah County of robbery with a sentence fixed at ten years imprisonment.

The sufficiency of the evidence to support a conviction is not before this court since the affirmative charge was not requested in the lower court and no motion for a new trial was made. A motion to exclude the evidence was made and later withdrawn. Mims v. State, 23 Ala.App. 94, 121 So. 446; Sharp v. State, 21 Ala...

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