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FITZ v. STATE

3 Div. 7.

497 So.2d 552 (1986)

Ronald J. FITZ v. STATE.

Court of Criminal Appeals of Alabama.

On Rehearing March 11, 1986.

On Return to Remand October 14, 1986.

Attorney(s) appearing for the Case

William R. Blanchard of Pappanastos, Samford, Roberts, & Blanchard, Montgomery, for appellant.

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

On Rehearing Ex Mero Motu March 11, 1986.

LEIGH M. CLARK, Retired Circuit Judge.

A jury found defendant-appellant guilty on a trial on an indictment that charged in pertinent part that he:

"... did, in the course of committing a theft of assorted controlled substances, a better description of which is unknown to the Grand Jury, taken from or in a pharmacy, the property of Thomas Babington and/or Tina Carothers, use force against the person of the...

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