Hammond v. State

The appellant, Nelson Hammond, was indicted in a two-count indictment for the offenses of felony murder and of robbery in the first degree, as proscribed by § 13A-6-2 (a)(3) and §13A-8-41, Code of Alabama 1975, respectively. A jury found Hammond guilty of first degree robbery and he was consequently sentenced to imprisonment for a term of twenty years.

The prosecution's evidence, in the light more favorable to the prosecution, tended to establish the following facts:

On November 20, 1982, at approximately 6:30 p.m., Hammond entered Joseph Alfano's grocery store and bought cigarettes. Alfano…