Hern v. State

As relating to the charge of robbery, the facts in this case are no different from the facts disclosed in Louis v. State (Ala. App.) 130 So. 904. The judgment in that case was for robbery, and on the facts as there stated the judgment of reversal was proper.

We did not, however, mean to hold that no criminality could be inferred from the evidence adduced on the trial. There is embraced in the indictment a charge of grand larceny, and if this defendant participated in the transaction detailed by the injured party, aiding and abetting therein, and the jury should find from the evidence that a…