Brinkley v. State

BRICKEN, Presiding Judge.

The indictment charged this appellant, and two others, with the offense of robbery, specifically, “that they, feloniously took one 22 gauge Remington rifle, of the value of $10.00 the property of Carey Knowles, from his person or in his presence, and against his will, by violence to his person, or by putting him in such fear as unwillingly to part with the same, against the peace and dignity of the State of Alabama.”'

The trancript discloses that before entering upon the trial one of the accused (Amos Mathis) was discharged from custody, the court, upon request of the…