ANDERSON v. STATE

6 Div. 180.

245 So.2d 832 (1971)

Charlie ANDERSON v. STATE.

Court of Criminal Appeals of Alabama.

March 2, 1971.


Attorney(s) appearing for the Case

Calvin M. Howard, Birmingham, for appellant.

MacDonald Gallion, Atty. Gen., and Tabor R. Novak, Jr., Asst. Atty. Gen., for the State.


CATES, Judge.

Robbery: life sentence.

I

This appellant was indicted and convicted in the Birmingham Division of the Jefferson Circuit Court.

He alleged, on motion for new trial, that Negroes were excluded from the jury. Pretermitting the absence of the expression "systematically," we note that no proof was tendered to establish this asseveration. Absent evidence the burden stayed with the appellant. Richardson v. State, 46 Ala. App. 277,...

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