Cooper v. State

SIMMONS, Retired Circuit Judge.

Appellant-defendant, an indigent here and at nisi prius, was indicted and convicted for robbery of a night clerk, Clara Belle Archer, at the Redmont Hotel in Birmingham. The jury fixed his punishment at ten years in the penitentiary. Appropriate judgment followed. This appeal therefrom was duly taken.

I

Appellant asserts prejudicial error by the trial court in denying his counsel the opportunity, before evidence adduced, to tell the jury what evidence he expected to adduce, in view of an opening statement by the State’s attorney as to the State’s expected evidence.