Kelly v. State

Willie Mack Kelly was indicted for robbery in the first degree, in violation of § 13A-8-41, Code of Alabama, 1975. The jury found the appellant guilty "as charged in the indictment" and the trial court sentenced him to ten years' imprisonment in the penitentiary.

On May 3, 1981, at approximately 3:30 or 4:00 o'clock in the afternoon, Ike Ransom and the appellant were sitting in the living room of the residence of Gerta Mathis in Dothan, Alabama. Ransom was sitting in a chair which faced away from the doorway which leads from the kitchen into the living room. The appellant was sitting across…