Berry v. State

The appellant was charged with robbery and was found by a jury to be guilty as charged. On appeal, he claims the trial court erred in overruling his motion for a new trial.

Appellant does not deny, nor is the fact disputed that he robbed a liquor store. The clerk of the liquor store apprehended the appellant and held him until the police arrived. The defense raised was a special plea of not guilty by reason of insanity. Appellant argued that there was a failure or proof because the state failed to produce evidence to establish that the appellant was able to willfully control his impulse to…