McMillian v. State

Earnest McMillian, the appellant, was indicted and convicted for Robbery I. He was sentenced as an habitual offender to forty years' imprisonment. Two issues are raised on appeal.

I

McMillian argues that his motion for judgment of acquittal was due to be granted because four alibi witnesses corroborated his contention that he was not physically present in Alabama when the robbery was committed.

Wanda Preston testified that she and her husband owned Preston's Package Store in Mobile County and that on December 14, 1981, McMillian, armed with a pistol, and another man took $90 from the register.…