EATON v. STATE

2 Div. 333.

423 So.2d 352 (1982)

Roger EATON v. STATE.

Court of Criminal Appeals of Alabama.

November 23, 1982.


Attorney(s) appearing for the Case

James B. McNeill, Jr., Selma, for appellant.

Charles A. Graddick, Atty. Gen., and P. David Bjurberg, Asst. Atty. Gen., for appellee.


BARRON, Judge.

Roger Eaton was indicted by a Dallas County grand jury for robbery in the first degree. Upon trial, he was convicted of the lesser included offense of robbery in the second degree and was sentenced under the Habitual Felony Offender Act to life imprisonment. Hence this appeal.

Mr. Elton McGaha, the owner of Foodland, a grocery store in Selma, returned to his store on May 26, 1980, at about 8:00 P.M. after having closed it some two hours earlier...

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