State v. Payne

WELBORN, Commissioner.

Appeal from sentence and judgment of 25 years’ imprisonment, imposed under Second Offender Act, upon conviction at jury trial for robbery in the first degree with a deadly weapon.

At around 11:00 P.M. on September 7, 1968, Frank Rowe, Lynn Collom, Arthur Gerdel and William Fischer were returning from a meeting at Blackwell. They were in an automobile driven by Rowe and were traveling on supplementary highways in Jefferson County when they noticed a yellow Plymouth with a black top at the intersection of Route V and Highway 67. Rowe passed the Plymouth, but the Plymouth…