Simmons v. State

Carley, Judge.

Appellant was tried before a jury and convicted of four counts of armed robbery. His motion for new trial was denied and he appeals.

1. Two counts of the indictment were predicated upon allegations that money belonging to the same individual, Mr. J. Harvey Hill, had been taken. The only difference between the two counts was that one alleged that Mr. Hill’s money had been taken “from the immediate presence of Charles Cope” and the other alleged that Mr. Hill’s money had been taken “from the immediate presence of Dale Fountain . . . .” The evidence adduced at trial showed that the…