Gentry v. State

The appellant was indicted and convicted of robbing Kevin Webb of $67.54. The jury set punishment at ten years with a recommendation for probation. Judgment and sentence were entered accordingly with probation being denied.

It is undisputed that around 2:00 A.M. on December 6, 1975, one John Meyer entered the Zippy Mart on Forbes Road in Montgomery, Alabama. About five minutes later, the appellant entered the store carrying a .22 caliber rifle. The evidence presented by the state tended to show that the appellant told Kevin Webb, a store employee, that "this was a holdup and to get behind the…