COOK v. STATE

6 Div. 330.

469 So.2d 1350 (1985)

Clyde Douglas COOK v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied February 26, 1985.

Certiorari Denied April 26, 1985.


Attorney(s) appearing for the Case

Robert G. Cahill of Gomany & Cahill, Birmingham, for appellant.

Charles A. Graddick, Atty. Gen., and Phillip Luke Hughes, Asst. Atty. Gen., for appellee.


Alabama Supreme Court 84-551.

BOWEN, Presiding Judge.

Clyde Douglas Cook was indicted and convicted for receiving stolen property in the second degree. Alabama Code 1975, § 13A-8-18. He was sentenced as a habitual offender to 15 years' imprisonment. His conviction must be reversed because the State failed to prove that the property found in his possession was in fact the same property described in the indictment.

The trial was short and only two...

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