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TATE v. STATE

1 Div. 799.

456 So.2d 1145 (1984)

Charles TATE, alias v. STATE of Alabama.

Court of Criminal Appeals of Alabama.

Rehearing Denied October 9, 1984.

Attorney(s) appearing for the Case

Karen A. Zokoff, Mobile, for appellant.

Charles A. Graddick, Atty. Gen., and Fred F. Bell, Asst. Atty. Gen., for appellee.

TYSON, Judge.

Charles Tate was indicted for assault in the first degree in violation of § 13A-6-20, Code of Alabama 1975. The jury found the appellant "guilty as charged in the indictment" and the trial judge sentenced the appellant to life imprisonment in the penitentiary as a habitual offender.

On March 29, 1983, the victim in this case, Benjamin Seals, walked out of the Aquarius Club in Pritchard and observed the appellant's brother, Leonard Tate,...

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