Holmes v. State

Cooper, Judge.

Appellant was convicted by a jury of armed robbery and aggravated assault. He appeals from the judgment and sentence entered on the jury verdict and from the denial of his motion for new trial.

The evidence adduced at trial shows that the victim worked the night shift at a Burger King Restaurant where appellant was employed to clean the restaurant after it closed. The victim was alone in the restaurant as he prepared to leave after closing the restaurant. After the victim had locked all of the doors, he heard the door to the restaurant open and assumed that it was appellant…