McDANIEL v. STATE

6 Div. 832.

365 So.2d 350 (1978)

Cecil McDANIEL v. STATE.

Court of Criminal Appeals of Alabama.

December 19, 1978.


Attorney(s) appearing for the Case

Roger A. Brown, Russell T. McDonald, Jr., of McDonald, Brown & Tipler, Birmingham, for appellant.

William J. Baxley, Atty. Gen., Montgomery, and Barry V. Hutner, Asst. Atty. Gen., Birmingham, for the State.


BOWEN, Judge.

The appellant was indicted and convicted for rape. Since the offense was committed before the effective date of Section 13-1-130, Code of Alabama 1975, the jury fixed punishment at ten years' imprisonment.

The only allegation of error concerns the State's use of a 1961 conviction for grand larceny to impeach the appellant. The appellant contends that the seventeen year old conviction for a crime committed when he was seventeen years old is too...

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