Duncan v. State

BOWEN W. SIMMONS, Supernumerary Circuit Judge.

Appellant-defendant was indicted for robbery, convicted therefor and sentenced to the penitentiary for ten years. The victim was A. T. Bingham. This is an indigent appeal with appointed counsel.

It appears from the evidence of the state that the victim, with the help of his wife who was a partner, operated a small business in or near a rural community of Elmore County. According to the state’s evidence, the defendant entered the store during the early evening hours of Friday, December 15, 1972, having in his possession a single-barrel shotgun, with…