State v. Merrill

Defendants were separately charged with robbery with aggravation in that they “* * * with force and violence and by putting in fear and while armed with a dangerous weapon, did steal and take from the person of William H. Gibson property which was the subject of larceny.” By consent, they were tried jointly and both convicted of robbery without aggravation. Both defendants have appealed, the two cases being jointly submitted here.

There is very little conflict as to the facts. William H. Gibson, a deputy sheriff of Montgomery County, was called to the Red Oak Cafe where the two defendants were…