Hern v. State

I must perforce concur in the affirmance of the judgment of conviction from which this appeal was taken, notwithstanding this court reversed and remanded the companion case wherein the principal had been convicted of robbery, and this court construed the undis puted evidence as being insufficient to sustain the charge of robbery. Louis v. State (Ala. App.) 130 So. 904. 2 Such unquestionably would have been the holding in the case at bar, if the question had been presented in a manner investing us with authority to so decide. The jurisdiction of this court is appellate only, and review here,…