Brown v. State

LEIGH M. CLARK, Retired Circuit Judge.

This is one of a series of three separate cases of robbery. The robbery was as to the same property, the same victim and the same occasion. Its tripartite character arises from the existence of three persons as the robbers. The accused are three brothers. The two brothers of appellant are Zane Brown and Gregory Brown.

Zane Brown’s conviction was affirmed in Brown v. State, Ala.Cr.App., 338 So.2d 1050 (1976); the conviction of Gregory was affirmed in Brown v. State, Ala.Cr.App., 339 So.2d 125 (1976).1

*1281As in the other two cases, the only actually disputed…