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BURTON v. STATE

5 Div. 878.

487 So.2d 951 (1984)

Anthony BURTON v. STATE.

Court of Criminal Appeals of Alabama.

On Rehearing February 12, 1985.

On Return to Remand December 10, 1985.

Rehearing Denied April 22, 1986.

Attorney(s) appearing for the Case

Terry G. Davis, Montgomery, for appellant.

Charles A. Graddick, Atty. Gen., and Jane LeCroy Brannon, Asst. Atty. Gen., for appellee.

LEIGH M. CLARK, Retired Circuit Judge.

This is an appeal from a judgment of conviction and sentence in a trial against this appellant only on an indictment charging that this appellant and Clarence Burton:

"... Did in the course of committing a theft of ninety dollars ($90.00), ... the property of Lonnie Hooks ... use force against the person of Lonnie Hooks, with intent to overcome his physical power of resistance, while the said Clarence Burton and Anthony...

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