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BATEMAN v. STATE

4 Div. 885.

408 So.2d 194 (1981)

Perry Anthony BATEMAN v. STATE.

Court of Criminal Appeals of Alabama.

December 29, 1981.

Attorney(s) appearing for the Case

Cada M. Carter of Byrd, Carter & Smith, Dothan, for appellant.

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

DeCARLO, Judge.

Appellant was indicted by the Houston County Grand Jury for arson in the first degree, in violation of § 13A-7-41, Code of Alabama (1975 Supp.1977). At arraignment, appellant pleaded not guilty, and was subsequently tried before a jury. At the conclusion of all testimony, the trial judge excluded the offense of arson in the first degree from the jury's consideration, and charged the jury only as to attempted arson

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