SHUBERT v. STATE

7 Div. 483.

488 So.2d 44 (1986)

James Lewis SHUBERT, and Sidney R. Madden v. STATE.

Court of Criminal Appeals of Alabama.

April 8, 1986.


Attorney(s) appearing for the Case

John E. Medaris, of Mitchell, Green, Pino & Medaris, Alabaster, for appellant Shubert.

J. Michael Joiner, Alabaster, for appellant Madden.

Charles A. Graddick, Atty. Gen., and Jean Alexander Webb, Asst. Atty. Gen., for appellee.


BOWEN, Presiding Judge.

James Lewis Shubert and Sidney R. Madden were separately indicted for theft of property. Their cases were consolidated for trial and both men were convicted. Madden's sentence of four years' imprisonment was suspended and he was placed on five years' probation. Shubert was sentenced to four years' imprisonment.

Each defendant was indicted for the same offense. The charge contained in the indictments was that each defendant

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