Midell v. State

Beville Midell was indicted for robbery in the first degree, in violation of § 13A-8-41, Code of Alabama 1975. The jury found the appellant "guilty as charged in the indictment." The trial judge sentenced him to 20 years' imprisonment in the State penitentiary.

On September 13, 1987, Daphne K. Johnson and her two children went to Old Fellows Cemetery in Bayou La Batre in Mobile County, Alabama. Mrs. Johnson went to the cemetery to pick up weeds and clean around her deceased child's grave.

Johnson drove to the cemetery. When she walked to the grave site, the children remained in the car. Johnson…