Burns v. State

OPINION

McCLOUD, Commissioner.

This is an appeal from a conviction for robbery wherein punishment was assessed at two hundred (200) years.

Theroy White and Homer Butts testified that at about 9 p. m. on August 31, 1972, two men, one of whom was appellant, entered the A & P Food Store where they were employed and robbed them of approximately $900. The indictment alleges Butts as the complaining witness.

Appellant contends in his single ground of error the court erred in refusing to submit an affirmative charge on alibi.

Appellant attempted to establish a general pattern of conduct through his…