State v. Cole

After a jury trial on an indictment charging him with robbery in the first degree, attempted theft by extortion and theft by extortion, defendant was acquitted of the robbery charge and convicted of the other two charges. The trial court set aside the convictions and ordered a new trial on the attempted theft by extortion and theft by extortion charges. In the subsequent jury trial, defendant was found guilty only of attempted theft by extortion. He appeals that conviction, contending that the court erred by denying his motion for judgment of acquittal, excluding testimony from a defense…