ELLIS v. STATE

4 Div. 364.

337 So.2d 387 (1976)

Barry ELLIS, alias v. STATE.

Court of Criminal Appeals of Alabama.

August 31, 1976.


Attorney(s) appearing for the Case

Daniel E. Robison, Dothan, for appellant.

William J. Baxley, Atty. Gen., and Stephen M. Langham, Asst. Atty. Gen., for the State.


CATES, Presiding Judge.

Robbery: sentence, thirty years imprisonment.

Contrary to the tendency of the prosecution's evidence, the defendant testified that although he had a fight with a night clerk at the Carousel Motel, Dothan, in the early morning hours of September 17, 1974, he did not rob him. This left a question of fact to be decided by the jury.

We have reviewed the entire record1 under Code 1940, T. 15, § 389...

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