Duncan v. State

This is an appeal from a conviction by the Circuit Court of Etowah County of robbery with a sentence fixed at ten years imprisonment.

The sufficiency of the evidence to support a conviction is not before this court since the affirmative charge was not requested in the lower court and no motion for a new trial was made. A motion to exclude the evidence was made and later withdrawn. Mims v. State, 23 Ala.App. 94, 121 So. 446; Sharp v. State, 21 Ala.App. 262, 107 So. 228. However, from our study of the record there appears ample evidence to support the verdict of guilty.

In brief the appellant…