Gardner v. State

The defendant was indicted and convicted for the first degree robbery of Oweb Bainhill who managed the Zip Mini Mart on South Memorial Drive in Prattville. He was sentenced as an habitual offender to life imprisonment without parole. Three issues are raised on appeal.

I

Conflicting evidence always presents a question for the jury unless the evidence fails to establish a prima facie case.Starling v. State, 398 So.2d 337 (Ala.Cr.App.), cert. denied,Ex parte Starling, 398 So.2d 342 (Ala. 1982). In his oral charge to the jury, the trial court summarized the factual issue presented by all the…