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HELTON v. STATE

1 Div. 443.

433 So.2d 1186 (1983)

Timothy Eugene HELTON v. STATE of Alabama.

Court of Criminal Appeals of Alabama.

Rehearing Denied May 31, 1983.

Certiorari Denied July 22, 1983.

Attorney(s) appearing for the Case

Norman J. Gale of Clay, Massey & Gale, Mobile, for appellant.

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

Alabama Supreme Court 82-847.

TYSON, Judge.

Timothy Eugene Helton was indicted for the capital offense of murdering one Leon Winterstein during a robbery or attempt thereof in violation of § 13A-5-31(2) Code of Alabama 1975 (which has been repealed and replaced by § 13A-5-40(a)(2)).

The jury found the appellant "guilty of murder as charged in the indictment" and the trial judge set sentence at life imprisonment in the penitentiary.

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