Peoples v. State

A jury found appellant-defendant guilty of robbery and fixed his punishment at imprisonment for ten years, and the court sentenced him accordingly. As the alleged crime occurred prior to the effective date of Code of Alabama 1975, it was proper for the question of punishment to be determined by the jury in accordance with Code 1940, T. 14, § 415, and not by § 13-3-110 of the 1975 Code, whereby the court fixes the punishment.

Defendant pleaded not guilty, but there is no contention on appeal that the evidence was not sufficient to support the verdict. Clem Samuel, Jr., a witness for the State,…