Turner v. State

BOWEN, Judge.

The defendant was convicted for robbery in the first degree. Sentence was ten years’ imprisonment. Two issues are presented on appeal.

I

The principle is well established that “where testimony on the trial of a robbery charge as to the amount of money taken is not in accordance with the allegations of the indictment, such a variance is not fatal and is immaterial.” Sanders v. State, 289 Ala. 224, 228, 266 So.2d 802 (1972).

II

The defendant argues that the trial judge erred in denying his right to apply for youthful offender status and in summarily denying his application for…