EX PARTE BARTON

SC 2638.

376 So.2d 753 (1978)

Ex Parte Bennie B. BARTON. Re Bennie B. Barton v. State of Alabama.

Supreme Court of Alabama.

Rehearing Denied March 10, 1978.


Attorney(s) appearing for the Case

Joseph W. McDowell of Pitts & Pitts, Selma, for petitioner.

William J. Baxley, Atty. Gen. and Eugenia D. B. Hofammann, Asst. Atty. Gen. for the State, opposed.


FAULKNER, Justice.

Bennie B. Barton was convicted of robbery and sentenced to ten years in the penitentiary on February 10, 1976. He gave notice of appeal on the same day.

On March 11 the defendant filed a motion for new trial, which was continued and overruled on August 9. On September 17, the defendant filed a notice of appeal from this post-judgment order.

On November 15, the court reporter filed the transcript of the evidence with the circuit clerk...

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