James v. State

The appellants, Robert James and Darryl Eugene Smith, were found guilty of robbery in the second degree, in violation of § 13A-8-42, Code of Alabama 1975, for robbing a convenience store clerk. Robert James was sentenced to 20 years' imprisonment and Darryl Smith was sentenced to life in prison.

I

Appellants Smith and James both argue that the court erred in denying their motions for judgment of acquittal. Specifically, they argue that the state failed to prove the offense by failing to prove the existence of a weapon. Appellant Smith also argues that there was a material variance between the…