Kindred v. State

— Defendant-appellant was convicted by a jury on March 3, 1973, for the commission of a felony, robbery, while armed with a dangerous or deadly weapon, and was later sentenced to ten years imprisonment. Motion to correct errors was timely filed and was overruled. Three issues are presented by appellant in his appeal and will be treated herein.

Defendant-appellant entered Geraldine’s Truck Stop south of Martinsville, Indiana, on September 25, 1971, at about 11:00 P.M. and announced “This is an armed robbery.” Robert Gerrard, an employee, gave the hold up man forty to forty-five dollars, after…