JAMES v. STATE

6 Div. 529.

405 So.2d 71 (1981)

Jeremiah JAMES v. STATE.

Court of Criminal Appeals of Alabama.

October 6, 1981.


Attorney(s) appearing for the Case

Jan M. Eberhardt and James G. Stevens, Birmingham, for appellant.

Charles A. Graddick, Atty. Gen., J. Anthony McLain, James F. Hampton, Sp. Asst. Attys. Gen., for appellee.


BOWEN, Judge.

The defendant was indicted and convicted for robbery in the first degree. Section 13A-8-41, Alabama Code 1975 (Amended 1977). Sentence was life imprisonment without parole under the Habitual Felony Offender Act.

I

The defendant maintains that his motion to exclude the State's evidence should have been granted because the State failed to prove that the defendant was armed with a pistol as charged in the indictment in that the victim...

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