RUTHERFORD v. STATE

5 Div. 66.

270 So.2d 678 (1972)

Robert RUTHERFORD, alias v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied November 14, 1972.


Attorney(s) appearing for the Case

John S. Glenn, Opelika, for appellant.

William J. Baxley, Atty. Gen., and Joseph G. L. Marston, III, Asst. Atty. Gen., for the State.


TYSON, Judge.

Appellant, Robert Rutherford, was indicted for grand larceny of one Scott-Atwater outboard motor, the property of Louis W. Phillips. From a verdict of guilty, judgment fixed punishment at six years imprisonment.

The appellant filed a plea of autre fois convict in addition to his plea of not guilty. The plea of former conviction alleged the trial and conviction the previous day for second degree burglary, which cause has now been affirmed by this...

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