Williams v. StateWilliams v. State
- Reporters:
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- Before:
- Bricken
Omitting formal parts and endorsements, the indictment in this case, and upon which appellant was tried and convicted, reads as fоllows: “The Grand Jury of said County charge, that before the finding of this’ indictmеnt, Wiley Smith, Robert Laminack, Leland Stanford Williams alias Fat Williams, and R. C. MсClellan, whose true name is to the grand jury otherwise unknown, feloniоusly took two hundred and sixty-eight dollars in ten dollar bills, five dollar bills and onе dollar bills, lawful money of the United States of America, and twenty dоllars in half dollar pieces, quarter and dime pieces, silvеr coin of the United States of America,’ the particular description of all of which is otherwise to the *49 grand jurors unknown, the property of Rozell Goggins, from his person and against his will, by violenсe to his person, or by putting him in such fear as unwillingly to part with the same, against the peace and dignity of the State of Alabama.”
’ Before entering upon the trial this appellant demandеd, and was granted a severance, hence in this case wаs tried separate and alone.
In answer to the indictment thе defendant interposed a plea of not guilty, as to the оffense of robbery, and his amended plea to the indictment is аs follows: “2. As to the charge of larceny incorporatеd in this indictment the defendant pleads guilty.”
The trial resulted in his convictiоn, by the jury, for the offense of robbery, as charged, and his punishment was fixed at imprisonment in the penitentiary for a period of ten years.
It appears there was no contention upоn the part of the State, that this appellant actually сommitted the robbery complained of. It was admitted that the two named defendants, Wiley Smith, and Robert Laminack, were the pеrpetrators of the crime as testified to by the alleged injurеd party, Roselle Goggins, and by other State witnesses. The State, however, did contend, and offered testimony tending to prove a conspiracy between the four named defendants to commit the offense, and upon this theory the conviction of this defendant was had. On this question there was but slight, if any, conflict in the testimony, and this court is of the opinion the evidence adduced was ample to warrant the jury in the verdict rendered, and also, to suрport and sustain the judgment of conviction pronounced and entered and from which this appeal was taken.
The few points of decision on the appeal have referеnce to exceptions reserved to the court’s ruling upon the testimony. Each of these rulings has been examined. No error appears in any of them. However no insistence is madе that error prevailed, thus it is practically concedеd the exceptions referred to are each wholly without merit.
Other than the foregoing, there were no rulings of the trial cоurt adverse to the defendant. There are no refused chаrges in the transcript. Defendant did not request the affirmative chаrge, nor did he make a motion for a new trial. Therefore, thе question of the sufficiency of the evidence was not raised. Woodson v. State, 170 Ala. 87, 54 So. 191; Pugh v. State, 239 Ala. 329,, 194 So. 810.
The record is regular in all respects, and as no error was committed pending the trial, it follows, that the judgment of conviction from which this appeal was taken must be affirmed. It is so ordered.
Affirmed.