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GRATTON v. STATE

6 Div. 744.

455 So.2d 189 (1984)

Charles Austin GRATTON, Jr. v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied June 12, 1984.

Certiorari Denied August 24, 1984.

Attorney(s) appearing for the Case

Orson L. Johnson, Birmingham, for appellant.

Charles A. Graddick, Atty. Gen., and Martha Gail Ingram, Asst. Atty. Gen., for appellee.

Alabama Supreme Court 83-1051.

BOWEN, Presiding Judge.

The defendant was convicted of first degree burglary, Alabama Code § 13A-7-5(a)(1) (1975), and sentenced as an habitual offender to life imprisonment without parole.

I

The State's case was based primarily upon circumstantial evidence with the central issue being that of identification. The victim could not positively identify the defendant, but the discovery of his fingerprints on...

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