2 Div. 360.

439 So.2d 1336 (1983)

Albert D. SMITH v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied August 30, 1983.

Certiorari Denied November 4, 1983.

Attorney(s) appearing for the Case

Blanchard L. McLeod, Jr., Robert R. Blair and John A. Lockett, Jr., Selma, for appellant.

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

Alabama Supreme Court 82-1225.

HARRIS, Judge.

The appellant, Albert D. Smith, was indicted for the offense of first degree robbery, in violation of § 13A-8-41, Code of Alabama 1975. After a jury trial, appellant was found "guilty as charged" and was sentenced to fifteen years in the state penitentiary.

The evidence adduced by the state shows that, on September 16, 1981, Reba Smith, a store clerk at the Cougar Oil Station near Burnsville, Alabama...


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