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MORDECAI v. STATE

CR-01-1034.

858 So.2d 993 (2003)

Huey Richard MORDECAI v. STATE of Alabama.

Court of Criminal Appeals of Alabama.

March 21, 2003.

Attorney(s) appearing for the Case

Stephen A. Strickland, Birmingham, for appellant.

William H. Pryor, Jr., atty. gen., and Robin Blevins, asst. atty. gen., for appellee.

COBB, Judge.1

Huey Richard Mordecai was convicted by a jury of assault in the first degree, a violation of § 13A-6-20, Ala.Code 1975. He was sentenced as a habitual felony offender to 20 years' imprisonment. We reverse.

The evidence at trial tended to establish the following. Mordecai and the victim, Larry Garrigan, were regular customers at a small bar located in Birmingham. Two or three weeks before this incident took place...

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