Tally v. State

HARRIS, Judge.

Appellant was convicted of robbery and his punishment was fixed at imprisonment in the penitentiary for a term of twenty years. He was represented at arraignment and at trial by a court-appointed lawyer. He pleaded not guilty. He gave notice of appeal at the time of sentencing, but elected to start serving his sentence pending appeal. He was furnished a free transcript, and new counsel was appointed to represent him on appeal.

At approximately 8:30 A.M. on February 2, 1973, two black males entered a grocery store located at 414 First Avenue, North, in Birmingham. They bought some…