Barker v. State

BOWEN W. SIMMONS, Supernumerary Circuit Judge.

Gerald Calma was the victim of a robbery at his pharmacy on the night of August 18, 1973. Appellant-defendant was *333arrested, indicted, tried by a jury and convicted therefor with punishment at ten years. The plea was not guilty and his defense was an alibi. Defendant did not take the stand.

The victim, Gerald Calma, testified that on August 18, 1973, he was a pharmacist and co-owner of Don Fadely’s Drugstore in Birmingham; that the store was closed and that while he was behind the prescription counter and his clerk, Terry Over-street, was working…