Mayberry v. State

Appellant here seeks a review of a judgment entered pursuant to a jury verdict which found him guilty of robbing one John T. Tutwiler of $28,173.00. The jury fixed his punishment at twenty-eight years imprisonment in the penitentiary. The trial court imposed punishment consonant with the verdict.

The indictment, the basis of the verdict and judgment, was returned in open court and filed with the circuit clerk on August 30, 1968. Warrant for the arrest of defendant under the indictment was issued on September 3, 1968. There is no return of the sheriff on the warrant of arrest. The record does…