Bender v. State

General Bender was indicted for theft, while armed with a deadly weapon, in violation of § 13A-8-41, Code of Alabama 1975. The jury found the appellant "guilty of robbery in the first degree" as charged in the indictment. The trial court set sentence at ten years' imprisonment in the penitentiary.

William Weems was employed by Coca Cola Bottling Company on April 24, 1981, as a route merchandiser. His job was to deliver cokes to businesses and collect money from them. At 2:00 p.m. on April 24, 1981, Weems had just finished making a delivery when he was approached from behind by two men. One of…