COLE v. STATE

8 Div. 170.

548 So.2d 1093 (1989)

Kelvin COLE v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied June 30, 1989.


Attorney(s) appearing for the Case

Benjamin H. Richey, Russellville, and Elna L. Reese, Montgomery, for appellant.

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


BOWEN, Judge.

Kelvin Cole was indicted for robbery in the first degree and tried jointly with two codefendants. After conviction by a jury, he was sentenced as a habitual offender to life imprisonment. Two issues are raised on this appeal from that conviction.

I

Cole contends that the trial court erred in denying his motion for a mistrial after a prosecution witness gave an unresponsive answer which implied that he had been previously arrested.<...

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