McKINNEY v. STATE

1 Div. 85.

567 So.2d 870 (1990)

John Anthony McKINNEY v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied April 27, 1990.


Attorney(s) appearing for the Case

Richard D. Yelverton and Selma L.D. Smith, Mobile, for appellant.

Don Siegelman, Atty. Gen., and Robert E. Lusk, Jr., Asst. Atty. Gen., for appellee.


TYSON, Judge.

John Anthony McKinney was indicted for the offense of robbery in the first degree, in violation of § 13A-8-41, Code of Alabama 1975. The jury found the appellant guilty as charged in the indictment, and the trial judge sentenced the appellant to life imprisonment as a habitual felony offender.

I

This is an appeal from the appellant's second trial for this offense. The following occurred at the appellant's first trial:

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