Lockette v. State

McMurray, Presiding Judge.

Defendant appeals his conviction of the offense of robbery. Held:

1. Defendant contends the trial court erred in instructing the jury on the issue of flight as the evidence did not authorize such an instruction. The evidence shows that after defendant took the money from the cash drawer of a service station, he ran out of the station and drove away.

Where the defendant departs the scene immediately after the incident, it is not error to charge on the issue of flight of the defendant. It is for the jury to determine if his sudden departure was due to consciousness of…