Cooper v. State

Hill, Justice.

Willie Cooper and Calvin Walton were tried jointly and found guilty of armed robbery. They appeal their convictions and subsequent seventeen-year sentences, enumerating as error the failure of the court to charge the jury on the defense of alibi and their identification at trial by two eyewitnesses.

The state’s evidence showed that during the late afternoon of March 10, 1975, a female clerk in a convenience store in Gwinnett County saw three black males in an area of the store that was reserved for employees only. After buying snacks and soft drinks, they left the store.

That…