Johnson v. State

W. J. HARALSON, Supernumerary Circuit Judge.

The appellant was tried and convicted of robbery and sentenced to imprisonment in the penitentiary for 20 years.

At the conclusion of the testimony presented by the State the appellant moved to exclude on the ground that the State had not carried the burden of proof resting on the prosecution. The court overruled the motion. The appellant did not testify nor offer any witnesses in his defense.

In substance the testimony presented by the State is as follows:

On the night of November 10, 1971, three armed men entered the Liberty Supermarket in…