State v. Fonza

— Defendant, Henry Carl Fonza, was Indicted, tried and found guilty of robbery. From judgment of imprisonment he has appealed. The first problem is factual. Was there evidence to support a verdict of guilty?

Factually the prosecution’s ease suffers from anemia. There is plenty of suspicion, conjecture and rationalizing but little substance. We suspect that this condition may have been brought about by the failure of a contemplated witness for the State *632to testify. The clerk’s transcript which is before us, in addition to the printed record, shows that the State made application for the return…