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ELDRIDGE v. STATE

4 Div. 943.

415 So.2d 1190 (1982)

Earnest ELDRIDGE v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied April 20, 1982.

Certiorari Denied, June 25, 1982.

Attorney(s) appearing for the Case

Kenneth L. Funderburk and Robert P. Lane of Phillips & Funderburk, Phenix City, for appellant.

Charles A. Graddick, Atty. Gen., and Thomas R. Allison, Asst. Atty. Gen., for appellee.

Alabama Supreme Court 81-634.

BOWEN, Judge.

The defendant was indicted and convicted for receiving stolen property in the second degree. Alabama Code 1975, Section 13A-8-16 (Amended 1977). Sentence was two years' imprisonment.

I

The defendant contends that Section 13A-8-16(b)(2) creates a new crime and unconstitutionally shifts the burden of proof from the State to the accused.

Section 13A-8-16(b)(2) provides that if a person "(p...

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