Cox v. State

CATES, Presiding Judge.

Robbery: sentence, ten years, the minimum allowable under Code 1940, T. 14, § 415. Before Furman v. Georgia, 408 U.S. 238, 92 S.Ct. 2726, 33 L.Ed.2d 346, robbery was punishable by electrocution or imprisonment at the discretion of the jury. Cox defended on alibi.

In death cases this court has a standard of review stricter than that for other criminal convictions. Compare § 10, Act No. 249, June 24, 1943 with Code 1940, T. 15, § 389.

In Alberson v. State, 254 Ala. 87, 47 So.2d 182, it was pointed out that under § 10, supra, the appellate court may reverse because of the…