RUPERT v. STATE

7 Div. 676.

374 So.2d 451 (1979)

Elbert Lee RUPERT and Johnny Rupert v. STATE.

Court of Criminal Appeals of Alabama.

September 4, 1979.


Attorney(s) appearing for the Case

Mac Downs, Gadsden, for Elbert Rupert.

Hubert L. Taylor, Gadsden, for Johnny Rupert.

Charles A. Graddick, Atty. Gen., and Elizabeth Evans Campbell, Asst. Atty. Gen., for appellee.


LEIGH M. CLARK, Retired Circuit Judge.

Appellants were separately indicted for the robbery of Lois Mayo. At their request, they were tried together, being separately represented by appointed counsel. Each was found guilty by the jury and sentenced by the court to imprisonment in the penitentiary for forty years. By agreement of parties, both cases are submitted on appeal on a consolidated record.

The alleged victim testified that about 11:15 P.M. October 28...

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