WILLIAMS v. STATE

1 Div. 717.

538 So.2d 1250 (1988)

Ernest WILLIAMS, Jr. v. STATE.

Court of Criminal Appeals of Alabama.

December 30, 1988.


Attorney(s) appearing for the Case

David L. Ratcliffe, Mobile, for appellant.

Don Siegelman, Atty. Gen., and Beth Jackson Hughes, Asst. Atty. Gen., for appellee.


ON REHEARING

BOWEN, Judge.

Our original opinion in this cause is hereby withdrawn and the following substituted in its place.

Ernest Williams, Jr. was convicted for third degree robbery and sentenced to 15 years' imprisonment as a habitual offender. Four issues are raised on this appeal from that conviction.

I

The indictment charged that the defendant "did in the course of committing a theft ..., use or threaten the imminent use...

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