Garrison v. State

The defendant was indicted and convicted for robbery in the first degree. Alabama Code 1975, Section 13A-8-41 (Amended 1977). He was sentenced as an habitual offender to 99 years' imprisonment. Two issues are presented on appeal.

I

The conflict established by the alibi testimony presented by the defendant and the identification testimony presented by the robbery victim was peculiarly within the province of the jury to resolve. Welch v. State, 278 Ala. 177, 179, 176 So.2d 872 (1965); Aaron v. State, 271 Ala. 70, 80, 122 So.2d 360 (1960). "A jury question is always presented where there is a…