White v. State

TYSON, Judge.

James Randy White was charged by indictment with the robbery of Zippy Mart of Alabama, Inc., a corporation, in the possession of Dennis Victory by taking $38.48-in lawful currency from his person and against his will by putting him in fear, etc. The jury found the appellant guilty as charged in the indictment and fixed punishment at forty years imprisonment. The trial court set sentence in accordance with this verdict.

Because the oral charge of the trial court (R. pp. 126-138) did not cover the matter of the appellant’s right not to take the witness stand and testify at trial, we…