Legal Opinion

Robertson v. State

Alabama Court of Appeals

Decided March 3, 1931No. 7 Div. 715PublishedCited by 18 opinions

1Opinion of the CourtRice, J.

Appellant was convicted of the offense of robbery, and his punishment fixed at imprisonment in the penitentiary for the term of ten years. Code 1928, § 5460.

The case was submitted to the jury upon the second count, only, of the indictment. This count was in the form prescribed by Code 1928, § 4556, form 96, and was hence sufficient against demurrer. Code 1928, § 4527.

Under an indictment for robbery, there may be a conviction for assault with intent to rob, for larceny, for attempt to rob, for assault, or for an assault and battery. Rambo v. State, 134 Ala. 71, 32 So. 650; Morris v. State, 97…

2Cases cited4 opinions

  1. Thomas v. StateSupreme Court of Alabama · 1890
  2. Morris v. StateSupreme Court of Alabama · 1892
  3. Rambo v. StateSupreme Court of Alabama · 1901
  4. Carnathan v. StateAlabama Court of Appeals · 1922

3Cited by18 opinions

  1. Wallace v. StateSupreme Court of Alabama · 1973
  2. Kelly v. StateSupreme Court of Alabama · 1937
  3. James v. StateTennessee Supreme Court · 1964
  4. Jones v. StateCourt of Criminal Appeals of Alabama · 1975
  5. Armstrong v. StateCourt of Criminal Appeals of Alabama · 1973

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