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BAILEY v. STATE

3 Div. 30.

466 So.2d 176 (1985)

John David BAILEY v. STATE.

Court of Criminal Appeals of Alabama.

February 12, 1985.

Attorney(s) appearing for the Case

John F. Cameron, Montgomery, for appellant.

Charles A. Graddick, Atty. Gen., and Mary Ellen Fike Forehand, Asst. Atty. Gen., for appellee.

LEIGH M. CLARK, Retired Circuit Judge.

This appellant went to trial on an indictment that charged in pertinent part that he:

"... did, in the course of committing a theft of a radio ... of the value of $79.99, the property of McCrory Corporation, a corporation, d/b/a H.L. Green, use force against the person of Bailey Clinton and/or Gerald Fleming, with intent to overcome his physical resistance or physical power of resistance, or threatened him with the use...

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