Booker v. State

Nichols, Justice.

This appeal arises from the conviction of the defendant on two counts of a three-count indictment charging him with armed robbery. There was evidence adduced that the defendant and two others entered a place of business (Handy Andy No. 35) and while the defendant held a shotgun and robbed a store employee, his companions robbed an employee of a bakery who was in the store at that time.

The indictment on which the defendant was tried contained three counts. In addition to the two counts on which he was convicted it contained an additional count which charged the defendant with…