Agee v. State

DeCARLO, Judge.

Robbery in the first degree; life imprisonment without parole.

Prior to trial, appellant filed a motion to suppress the identification of appellant by the victim, Ms. Betty Strother. Testimony at the suppression hearing established that on January 11, 1981, Ms. Strother was the manager of Grant’s Convenience Store in Birmingham, Alabama, when about 9:00 p.m. two black males entered the store. One of them, whom Ms. Strother identified as the appellant, pulled a gun, said “Give me your money, bitch,” and then took all the cash in the register.

Ms. Strother testified that the…