State v. Byers

— Appellant was convicted of the crime of robbery, and from sentence thereon, brings the case here for review.

Several assignments of error are urged, the only one of which appears to be well taken has to do with an instruction given by the trial court. The appellant was charged with taking, by force and violence, from the person of one Hughes, thirteen dollars. There'was much evidence showing that appellant and the witness Hughes had been drinking just prior to the robbery. It was the contention of appellant that both of them were badly intoxicated at the time, the appellant testifying that…