STEWART v. STATE

6 Div. 42.

350 So.2d 764 (1977)

Richard Wayne STEWART v. STATE.

Court of Criminal Appeals of Alabama.

October 4, 1977.


Attorney(s) appearing for the Case

James S. Garrett, Birmingham, for appellant.

William J. Baxley, Atty. Gen. and G. Daniel Evans, Asst. Atty. Gen., for the State.


DeCARLO, Judge.

Robbery; ten years.

This opinion which follows, except for the last twelve paragraphs, was prepared by a retired circuit judge on special assignment, but was not accepted by the majority of this court.

We have read and examined the record in the case and the facts detailed be"low are substantially correct and more than sufficient for the purpose of this opinion.

Appellant-defendant was convicted of robbery pursuant to an indictment...

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