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DAVIS v. STATE

6 Div. 358.

274 So.2d 360 (1972)

Joseph DAVIS, alias v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied January 23, 1973.

Attorney(s) appearing for the Case

Van Gamble, Richard L. Taylor, Birmingham, for appellant.

William J. Baxley, Atty. Gen. and Herbert H. Henry, Asst. Atty. Gen., for the State.

MURLAND SMITH, Circuit Judge.

The defendant was convicted of robbery and sentenced to ten years imprisonment in the penitentiary. He appeals and seeks a reversal on any one of the three following propositions:

1. That the victim's in-court identification of defendant was tainted by an out-of-court identification of defendant at a police lineup at which defendant was not represented by counsel. 2. That the Court erred in permitting the State to prove...

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