Rollins v. State

Smith, Judge.

Appellant was convicted of attempted armed robbery and aggravated battery. He asserts that the trial court erred in overruling various demurrers to the indictment, in refusing to declare a mistrial, in excluding evidence relating to the acquittal of a co-conspirator, in overruling appellant’s motion for new trial, and in refusing to hold, for purposes of both sentencing and the motion for new trial, that the offense of aggravated battery merged with the offense of attempted armed robbery. We affirm.

1. Count 1 of the indictment states that appellant "on [October 21,1978], in the…