SMITHSON v. STATE

CR-92-2043.

641 So.2d 1298 (1994)

Michael Wayne SMITHSON v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied March 25, 1994.


Attorney(s) appearing for the Case

Erskine R. Mathis, Birmingham, for appellant.

James H. Evans, Atty. Gen., and Gail Hampton, Asst. Atty. Gen., for appellee.


TAYLOR, Judge.

The appellant, Michael Wayne Smithson, was convicted of robbery in the first degree, a violation of § 13A-8-41, Code of Alabama 1975. He was sentenced to 20 years in prison.

The state's evidence tended to show that on January 22, 1992, the appellant robbed the clerk of the Shop-A-Snack convenience store in Birmingham. The clerk testified that the appellant was armed with a gun at the time of the robbery and that he took approximately $93...

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