Williams v. State

ON REHEARING

Our original opinion in this cause is hereby withdrawn and the following substituted in its place.

Ernest Williams, Jr. was convicted for third degree robbery and sentenced to 15 years' imprisonment as a habitual offender. Four issues are raised on this appeal from that conviction.

I

The indictment charged that the defendant "did in the course of committing a theft . . ., use or threaten the imminent use of force against the person of [the victim], with intent to overcome his physical resistance or physical power of resistance, in violation of § 13A-8-43(a)(2)." The defendant timely…