Graham v. State

SMITH, Justice.

Eudell Graham was indicted, with others, by the Forrest County Grand Jury for the armed robbery of Mr. and Mrs. Herbert Aplin. Mississippi Code 1942 Annotated section 2367 (1956). A severance was granted, Graham was tried separately, convicted and sentenced to serve a term of 40 years in the penitentiary. From that conviction and sentence he appeals here.

The evidence for the prosecution consisted of the testimony of Mr. and Mrs. Aplin and of three of Graham’s accomplices.

The robbery occurred in a liquor store operated by Mr. and Mrs. Aplin in the City of Hattiesburg. As they…