Brown v. State

HARRIS, Judge.

Appellant was convicted of assault to murder Richard Stubbs and sentenced to imprisonment in the penitentiary for a term of twenty years.

Around midnight on December 5, 1975, appellant and two of his brothers, Gregory Brown and Zane Brown, robbed Stubbs who was employed at the Eastern Petroleum Station in Montgomery. The facts relating to the robbery, kidnapping and shooting of Stubbs are almost identical with those narrated in Brown v. State, Ala.Cr.App., 339 So.2d 125; Brown v. State, AIa.Cr.App., 338 So.2d 1050, and Brown v. State, 342 So.2d 1367, released by this Court on…