Kirkland v. State

This is an appeal from a judgment of conviction of armed robbery. The appellant, Warded Kirkland, was charged with the crime with three co-defendants, namely, James Lee Wilcox, James Lee Harris and Robert William Johnson. Wilcox pleaded guilty just prior to trial and turned State’s witness. Only the appellant Kirkland appeals.

It is first contended that the court erred in overruling appellant’s motion to quash the second amended affidavit on the ground that it is uncertain as to whether it charges robbery or armed robbery. We do not believe the appellant takes this contention too seriously. He…