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GARDNER v. STATE

3 Div. 783.

440 So.2d 1136 (1983)

Larry Wayne GARDNER v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied August 2, 1983.

Certiorari Denied November 23, 1983.

Attorney(s) appearing for the Case

Edward W. Drinkard and Stephen W. Drinkard, and James T. Bachelor, Prattville, for appellant.

Charles A. Graddick, Atty. Gen., and P. David Bjurberg, Asst. Atty. Gen., for appellee.

Alabama Supreme Court 82-1077.

BOWEN, Presiding Judge.

The defendant was indicted and convicted for the first degree robbery of Oweb Bainhill who managed the Zip Mini Mart on South Memorial Drive in Prattville. He was sentenced as an habitual offender to life imprisonment without parole. Three issues are raised on appeal.

I

Conflicting evidence always presents a question for the jury unless the evidence fails to establish a prima facie case...

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