Spellman v. State

The appellant, John Charles Spellman, was indicted and convicted by a jury for the offense of robbery in the third degree, which is proscribed by § 13A-8-43, Code of Alabama 1975. He was subsequently sentenced to a term of ten years' imprisonment.

The State's evidence tended to establish the following facts in support of the charge of robbery in the third degree.

On August 22, 1983, at approximately 1:40 A.M. Mr. Charles Grider went into the Zippy Mart in Ozark. The only other persons in the store at the time were the appellant Spellman and Ms. Cynthia Wolukka, the cashier.1 When he entered,…