State v. Marberry

CLEMENS, Senior Judge.

The narrow issue here: Was defendant William Marberry guilty of armed robbery when to facilitate escape he threatened the victim with a gun after defendant had burglarized the victim’s home? We say yes.

The pertinent evidence: When victim Oliver Hulsey came home defendant, armed with a pistol, came out carrying a bag of loot. On defendant’s repeated commands to “freeze” and get down Mr. Hulsey *291dropped to the ground. Defendant walked over him and left with the stolen goods.

Defense was an alibi.

Here, defendant contends the evidence did not show armed robbery. This, he…