Clency v. State

TYSON, Judge.

Charles Ray Clency was indicted for the first degree robbery of Mrs. Imo Chatham. After hearing the evidence and receiving full instructions with reference first and second degree robbery, the jury found Mr. Clency, the appellant, guilty of second degree robbery. In a subsequent sentencing hearing the trial court, pursuant to the Alabama Habitual Felony Offender Act, sentenced appellant to life imprisonment.

Appellant’s motion for a new trial was duly denied, and this appeal followed.

The evidence is undisputed that Mrs. Imo Chatham was an employee of the Wasson Drug Company on…