McGee v. State

Robbery; sentence: thirty-five years imprisonment.

The State's evidence showed that on or around 8:20 p.m. on January 10, 1979, the appellant along with an accomplice entered the Spruce Street Majik Mart in Montgomery and robbed Mr. Bob Enwright, the store clerk, of approximately $127. The defense was that of alibi. A conflict between the State's case and the appellant's alibi presents a question for the jury.Crow v. State, Ala.Cr.App., 365 So.2d 1254 (1978), cert. denied, Ala., 365 So.2d 1256.

At the end of the State's case in chief, counsel for the appellant orally moved to exclude the…