Brown
People v. Brown
Opinion
Lead Opinion
Griffin, J.
Defendant-appellant Franklin Brown, Jr. and his codefendant Clemmie Lee Jones were charged with *198 robbery while armed with a deadly weapon. Defendant Brown was also charged with two prior felony convictions: possession of an illegal weapon and grand theft. He pleaded not guilty to the charge and admitted the prior convictions. Both defendants were convicted by a jury of robbery in the first degree. Defendant Brown (hereinafter referred to as appellant) appealed.
FACTS
On the night of October 20, 1962, the clerk at a market was robbed of $187 at the point of a gun by these defendants, according to witnesses. Appellant, the shorter of the two, was holding the gun. Defendants escaped from the lighted store and fled to the lighted parking area where their ear was parked. A short time later, defendants were brought to the store for identification and they were identified by the clerk there and again at the police station. There were other occupants of the store at the time of the holdup, including several children, who identified these defendants and their car. Defendants produced several witnesses to corroborate their story that they were at a pool hall, about a five-minute drive…