Holcombe v. State

The appellant, Johnny Lee Holcombe, was indicted for the offense of first degree robbery, in violation of § 13A-8-41, Code of Alabama 1975. After a jury trial, appellant was found guilty of robbery in the third degree and was sentenced to ten years' imprisonment as a habitual offender.

On December 15, 1982, between 12:00 and 12:30 p.m., Lee Marvin Reese drove by Ben's Service Station on Highway 97 in Hayneville, Alabama, and waved to an old schoolmate who was standing outside the building. Mr. Reese testified that he recognized this person as appellant and stated that appellant returned his…