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ANDERSON v. STATE

1940507.

686 So.2d 381 (1996)

Ex parte State of Alabama. Re Willie Lee ANDERSON v. STATE.

Supreme Court of Alabama.

May 31, 1996.

Attorney(s) appearing for the Case

Jeff Sessions, Atty. Gen., and Kim B. Oliver and Cedric B. Colvin, Dep. Attys. Gen., for Petitioner.

John C. Robbins of Polson & Robbins, P.C., Birmingham, for Respondent.

KENNEDY, Justice.

Willie Lee Anderson was indicted for rape in the first degree. The trial court instructed the jury on the crimes of assault in the first, second, and third degrees as lesser offenses included in the rape charge. Anderson was found guilty of assault in the first degree and was sentenced to 10 years' imprisonment. The Court of Criminal Appeals reversed the conviction and remanded the case with instructions that the trial court set aside the first degree...

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