Curry v. State

SAM TAYLOR, Judge.

Jimmy Lee Curry was convicted by a Montgomery County jury of first-degree robbery and was sentenced to ten years’ imprisonment. He appeals on four grounds.

I

Appellant contends that the evidence did not support a conviction for robbery in the first degree; specifically he asserts that the state failed to prove that his conduct occurred while “in the course of committing a theft.”

Robbery in the first degree is defined in § 13A-8-41, Code of Alabama 1975, in pertinent part as follows:

“(a) A person commits the crime of robbery in the first degree if he violates section 13A-8-43…