McKEITHEN v. STATE

6 Div. 444.

480 So.2d 36 (1985)

Ronald Charles McKEITHEN v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied October 8, 1985.

Certiorari Denied November 27, 1985.


Attorney(s) appearing for the Case

C. Burton Dunn, Birmingham, for appellant.

Charles A. Graddick, Atty. Gen., and Rivard Melson, Asst. Atty. Gen., for appellee.


Alabama Supreme Court 85-42.

BOWEN, Presiding Judge.

The defendant was indicted and convicted for Robbery I. He was sentenced as a habitual offender to life without parole. Two issues are raised on appeal.

I

The trial judge properly refused to instruct the jury on robbery in the second and third degrees as lesser included offenses of robbery in the first degree.

The State's evidence showed that the defendant and another robbed the...

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