Barnett v. State

BOWEN, Judge.

The defendant was indicted and convicted for robbery. Sentence was ninety-nine years’ imprisonment.

I

The State’s evidence shows that on May 13, 1979, the defendant and another robbed Mustafa Issa Elayan at his drugstore in Decatur. During cross examination by defense counsel, Mr. Elayan admitted that he had been convicted of obtaining drugs by fraud.

Despite this, the trial judge refused the defendant’s written requested instruction which read: “The Court charges the jury that if any witness testifying has been impeached, then the jury may disregard his testimony.” While the…