Casher v. State

Wilbert Casher was indicted and convicted for robbery in the first degree. Alabama Code 1975, § 13A-8-41. He was sentenced as a habitual offender to life imprisonment. On appeal, the defendant argues that the State failed to prove a prima facie case because the stolen merchandise had been recovered before any force or violence was used.

I

The State's undisputed evidence shows that on October 28, 1983, the defendant was observed apparently shoplifting a carton of Salem cigarettes from an A P Grocery Store in Mobile. He was questioned outside the store by the manager and voluntarily returned…