Capers v. State

The appellant, Robert Eugene Capers, Jr., was convicted of robbery in the first degree, a violation of § 13A-8-41, Code of Alabama 1975, and was sentenced to 21 years imprisonment.

On appeal, the appellant presents two issues concerning the indictment in this case. The indictment originally read, in pertinent part, as follows:

"[The appellant] did in the course of committing a theft of lawful currency, the property of Delchamp's, Inc., threaten the imminent use of force against John Body, with intent to compel acquiescence to the taking of or escaping with the property, while . . . armed with a…