Sanders v. State

MERRILL, Justice.

Defendant Sanders was convicted of robbery and sentenced to ten years. He appealed to the Court of Criminal Appeals and the judgment was reversed, 48 Ala.App. 589, 266 So.2d 797. The State petitioned for a writ of certiorari on the ground that the decision of the Court of Criminal Appeals was in conflict with a prior decision of this court on the same point of law. We grant the writ.

There was ample evidence from the victim, Smith T. Murphy, and two passers-by that two men, Jasper Hall and Melvin Pye, grabbed Murphy, overpowered him, stabbed him several times as he was…