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WARD v. STATE

4 Div. 741.

376 So.2d 1112 (1979)

Billy WARD v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied October 2, 1979.

Attorney(s) appearing for the Case

Kenneth L. Funderburk of Phillips, Funderburk & Davis, Phenix City, for appellant.

Charles A. Graddick, Atty. Gen. and Joseph G. L. Marston, III, Asst. Atty. Gen., for the State.

BOWEN, Judge.

The defendant was indicted and convicted for assault with intent to rob Kenneth Bragg. Alabama Code Section 13-1-46 (1975). Initially convicted at his first trial, the defendant's motion for a new trial was granted. The cause was again tried and a second verdict of guilty was returned. Sentence was fixed at twelve years' imprisonment.

I

The primary issue raised on appeal is whether there...

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