GENTRY v. STATE

3 Div. 607.

344 So.2d 1246 (1977)

Charles Herbert GENTRY v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied March 29, 1977.


Attorney(s) appearing for the Case

Frank L. Thiemonge, III, Montgomery, for appellant.

William J. Baxley, Atty. Gen. and Winston D. Durant, Asst. Atty. Gen., for the State.


BOWEN, Judge.

The appellant was indicted and convicted of robbing Kevin Webb of $67.54. The jury set punishment at ten years with a recommendation for probation. Judgment and sentence were entered accordingly with probation being denied.

It is undisputed that around 2:00 A.M. on December 6, 1975, one John Meyer entered the Zippy Mart on Forbes Road in Montgomery, Alabama. About five minutes later, the appellant entered the store carrying a .22 caliber rifle...

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