Burks v. State

The appellant was indicted and convicted for robbery. The jury fixed punishment at twenty-eight years imprisonment.

On the morning of December 2, 1976, two men robbed Boyett Brothers Service Station in Montgomery, Alabama, of $160.00. The police were notified immediately and within minutes Officer D.P. Bailey of the Montgomery Police Department and his partner had apprehended four suspects; one of whom was the appellant and another who fit a description of the robber described in a radio dispatch received by the officers. A sack of money was found in the automobile next to the appellant. The…