Lowe v. State

Full title: Jesse LOWE, Alias v. STATE.

Court: Alabama Court of Criminal Appeals

Date published: Nov 17, 1970

241 So. 2d 902 (Ala. Crim. App. 1970)

Opinion

241 So.2d 902 (Ala.Crim.App. 1970) Jesse LOWE, Alias v. STATE. 6 Div. 71. Court of Criminal Appeals of Alabama. November 17, 1970

       Appeal fro Circuit Court, Jefferson County; Alta L. King, Judge.

       Robert R. Bryan, Birmingham, for appellant.

       MacDonald Gallion, Atty. Gen., and Jasper B. Roberts, Asst. Atty. Gen., for the State.        CATES, Judge.

       Robbery: sentence, thirty years.

       Upon consideration of the application of the appellant for a rehearing, the former opinion is withdrawn and the following becomes the opinion of the court.

       On authority of Mays v. State, 45 Ala.App. 337, 230 So.2d 248, and Moore (6th Div. 73, ms. June 30, 1970), the judgment of conviction is reversed and the cause remanded for new trial.

       Reversed and remanded.