Herndon v. State

563 So.2d 1065 (1990)

Ex parte State of Alabama.

Re Richard HERNDON, Jr.

v.

STATE.

89-63.

Supreme Court of Alabama.

March 23, 1990.

George H. Jones, Birmingham, for respondent.

Don Siegelman, Atty. Gen., and Gilda B. Williams, Asst. Atty. Gen., for petitioner.

MADDOX, Justice.

We granted the writ of certiorari in this case to review a holding by the Court of Criminal Appeals that a defendant charged with first degree robbery was entitled to have the jury instructed on the lesser included offense of third degree robbery because there was evidence that the gun he used in the robbery was not loaded. We…