Pettiford v. State ( 1975 )

Jordan, Justice.

The appellant was convicted of armed robbery and sentenced to six years in the penitentiary.

The record shows that the appellant was represented by employed counsel in the trial court and that the same attorney was employed by the appellant to file an appeal. The notice of appeal was timely filed on July 15,1975, and the case docketed in this court on September 19,1975. No timely enumeration of error was filed and this court issued its order on October 9, 1975, directing counsel to file same by October 15,1975. As of this date counsel for appellant has not filed an enumeration of errors nor a brief.

Said counsel for appellant, Hilton S. Hutchinson Jr., is therefore held in contempt of this court and his name is ordered stricken from the roll of attorneys authorized to practice in this court.

As to merits of the appeal, we have carefully reviewed the transcript, including rulings made during the trial by the trial judge, and the trial court’s charge to the jury. We find no error.

The evidence shows that the appellant walked into a poolroom armed with a stick and a pistol, ordered the victim out of the poolroom, struck him over the head with the stick, ordered him to surrender the keys to the truck, then entered and took from the truck a pistol belonging to the victim. The appellant testified that the victim had threatened him and that the pistol he used in connection with the incident was only a cap pistol. This evidence amply authorized the verdict of the jury.

Submitted November 4, 1975 Decided November 24, 1975. Hilton S. Hutchinson, Jr., for appellant. W. J. Forehand, District Attorney, Arthur K. Bolton, Attorney General, for appellee.

Judgment affirmed.

All the Justices concur, except Ingram, J., who dissents.