McMURPHY v. STATE

5 Div. 691.

455 So.2d 924 (1984)

Odis McMURPHY v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied March 20, 1984.

Certiorari Quashed September 21, 1984.


Attorney(s) appearing for the Case

J. Michael Williams, Sr., Auburn, for appellant.

Charles A. Graddick, Atty. Gen., and Billington M. Garrett, Asst. Atty. Gen., for appellee.


Alabama Supreme Court 83-637.

JOSEPH A. COLQUITT, Circuit Judge.

Appellant was convicted of theft in the second degree and, as a habitual offender, was sentenced to fifty years' imprisonment.

The evidence as produced by the state tended to show the following facts. Late in the afternoon, on November 6, 1981, the appellant entered Lazenby's Firestone in Opelika, Alabama, which was owned by Mr. Elmer Lazenby.

Mr. Lazenby testified that appellant...

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