Gissendaner v. State

Robbery; sentence: ten years imprisonment.

This is the second time the appellant has been tried in connection with the robbery now in question. Appellant's first trial ended in his conviction, but was reversed by this Court in Gissendaner v. State, 54 Ala. App. 535, 310 So.2d 255 (1975). The second trial also ended in a conviction, and the present appeal was taken.

Stewart Spears, the alleged victim, was the State's primary witness. He testified that on February 14, 1974, he was about to enter the Sears store near Fairview Avenue. At that time, he was approached by the appellant and an "old…