ROGERS v. STATE

6 Div. 549.

353 So.2d 19 (1977)

James Howard ROGERS v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied October 25, 1977.


Attorney(s) appearing for the Case

J. Wilson Dinsmore, Birmingham, for appellant.

William J. Baxley, Atty. Gen., and James L. O'Kelley, Asst. Atty. Gen., for the State.


HARRIS, Judge.

Appellant was convicted of possessing heroin and sentenced to ten years imprisonment in the penitentiary. At arraignment, in the presence of his retained counsel, he pleaded not guilty. After conviction he applied for probation and when probation was denied he gave notice of appeal. He was found not to be indigent. New retained counsel represents appellant on this appeal.

The evidence in this case is not in conflict. Appellant did not testify...

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