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SPIVEY v. STATE

3 Div. 347.

318 So.2d 382 (1975)

Emanuel SPIVEY v. STATE.

Court of Criminal Appeals of Alabama.

July 29, 1975.

Attorney(s) appearing for the Case

Craig Miller, Montgomery, for appellant.

William J. Baxley, Atty. Gen. and J. Brent Thornley, Asst. Atty. Gen. for the State.

TYSON, Judge.

The indictment (omitting formal parts) is as follows:

"The Grand Jury of said County charge that, before the finding of this indictment, EMANUEL SPIVEY, whose name is to the Grand Jury otherwise unknown, did falsely pretend to Stanley Caldwell, the agent, servant, or employee of S. S. Kresge Company, a corporation, with intent to defraud that he had on deposit with City Bank of Tuskegee, Tuskegee, Alabama, the sum of Fifty-four and 87/100 (...

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