Gissendaner v. State

SIMMONS, Supernumerary Circuit Judge.

Appellant-defendant, an indigent represented here and at nisi prius by the same appointed counsel, was indicted, tried and convicted of robbery. The jury fixed his punishment at ten years imprisonment in the penitentiary.

It appears that the alleged robbery occurred on the south side of Sears Department Store (facing Fairview Avenue) in Montgomery County, at which time the victim, Stuart Spears, was approached by the defendant and engaged in conversation whereby the victim was informed that an elderly man wanted to have some “fun.” The elderly man, standing…