Gray v. State

LEIGH M. CLARK, Retired Circuit Judge.

A jury found appellant guilty of robbery. The court fixed his punishment at imprisonment for twenty-five years and sentenced him accordingly.

The only eyewitness to the robbery was the alleged victim, Elmore Tolbert. Defendant took the stand in his defense, denied any participation in the robbery, and testified that he was elsewhere at the time the victim said the robbery occurred. Several witnesses were called in his behalf who tended to support him as to an alibi.

The victim, a fifty-five-year-old man, testified that on the night of October 5, 1979, about…