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Phillips v. State

Court of Criminal Appeals of Alabama
Apr 4, 1972
260 So. 2d 418 (Ala. Crim. App. 1972)

Opinion

6 Div. 267.

April 4, 1972.

Appeal from the Circuit Court, Jefferson County, Wallace Gibson, J.

Robert M. Harper, Birmingham, for appellant.

William J. Baxley, Atty. Gen., and Herbert H. Henry, Asst. Atty. Gen., for the State.


This appeal is from a conviction by the Circuit Court of Jefferson County of robbery with sentence fixed at ten years in the penitentiary.

In briefs filed by the appellant and the attorney general's office the question argued pro and con is the sufficiency of the evidence to support the verdict of the jury. Incidentally, appellate counsel did not represent the defendant at trial.

However, in our study of the record, there appears evidence of a substantial nature to support the verdict. Under the circumstances there is no necessity to review the facts. Pointer v. State, 37 Ala. App. 670, 74 So.2d 615.

There is no error of the court in its ruling on the admission of testimony or objections to argument by the district attorney to the jury which has been called to our attention, and a careful search of the record reveals none.

Since no error to reverse appears, the judgment in this cause is due to be affirmed.

The foregoing opinion was prepared by W. J. Haralson, Supernumerary Circuit Judge, and adopted by this court as its opinion.

Affirmed.

PRICE, P. J., and CATES, ALMON and TYSON, JJ., concur.


Summaries of

Phillips v. State

Court of Criminal Appeals of Alabama
Apr 4, 1972
260 So. 2d 418 (Ala. Crim. App. 1972)
Case details for

Phillips v. State

Case Details

Full title:Howard J. PHILLIPS v. STATE

Court:Court of Criminal Appeals of Alabama

Date published: Apr 4, 1972

Citations

260 So. 2d 418 (Ala. Crim. App. 1972)
260 So. 2d 418

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Smith v. State

On appeal, this Court is limited to matters properly raised in the trial court. Phillips v. State, 47 Ala.…