Robinson v. State

CATES, Judge.

This appeal (transferred from the Supreme Court of Alabama) is from a conviction of robbery; the jury set punishment at 29 years in the penitentiary.

Because of Gilbert v. California, 388 U.S. 263, 87 S.Ct. 1951, 18 L.Ed.2d 1178 and Stovall v. Denno, 388 U.S. 293, 87 S.Ct. 1967, 18 L.Ed.2d 1199, are we compelled to reverse the judgment below and snatch from society an otherwise merited conviction?

I

Robinson brutally beat Mrs. Christine Davis in the course of robbing her to empty the cash register at the Davises’ Last Chance Grocery in Scottsboro December 13, 1967.

Sometime…