McKeithen v. State

The defendant was indicted and convicted for Robbery I. He was sentenced as a habitual offender to life without parole. Two issues are raised on appeal.

I

The trial judge properly refused to instruct the jury on robbery in the second and third degrees as lesser included offenses of robbery in the first degree.

The State's evidence showed that the defendant and another robbed the Circle N grocery store on April 30, 1983. Each man was armed with a handgun. The defense was alibi. The State presented a prima facie case of robbery in the first degree as defined by Alabama Code 1975, § 13A-8-41 (a)(1).