Rupert v. State

LEIGH M. CLARK, Retired Circuit Judge.

Appellants were separately indicted for the robbery of Lois Mayo. At their request, they were tried together, being separately represented by appointed counsel. Each was found guilty by the jury and sentenced by the court to imprisonment in the penitentiary for forty years. By agreement of parties, both cases are submitted on appeal on a consolidated record.

The alleged victim testified that about 11:15 P.M. October 28, 1978, she arrived at the Zippy Mart on East Broad Street in Gadsden, Alabama, of which she was the manager at the time, and, as she was…