Flournoy v. State

PRICE, Judge.

Under an indictment charging robbery, defendant was convicted of an assault, a lesser offense included in that charged in the indictment. Rambo v. State, 134 Ala. 71, 32 So. 650; Robertson v. State, 24 Ala.App. 237, 133 So. 742. A sentence of six months at hard labor was imposed by the court.

The testimony for the State tends to show that on a Sunday night as James Sumrall, the prosecuting witness, was leaving from a visit to a girl’s house in an unfamiliar neighborhood in Montgomery, he was approached by three boys asking for cigarettes. After giving them the. cigarettes he asked…