Smith v. State

LEIGH M. CLARK, Supernumerary Circuit Judge.

A jury found defendant guilty of robbery, fixed his punishment at ten years imprisonment in the penitentiary, and he was sentenced accordingly by the court.

The testimony was brief. The main question presented on appeal is whether there was sufficient testimony to support a conviction. A scintilla of evidence is not enough. Massengale v. State, 36 Ala.App. 195, 54 So.2d 85; White v. State, 37 Ala.App. 424, 69 So.2d 874; Lloyd v. State, 50 Ala.App. 646, 282 So.2d 85.

The evidence shows without dispute that a robbery was committed by one Willie Frank…