State v. Roberts

BERNSTEIN, Justice.

Appellant Raymond Roberts was tried and convicted, together with one Spencer Wyrick, of the crime of robbery from the person of one D. K. Lester, and Roberts appeals essentially on the ground that the probative evidence is not sufficient to sustain the conviction.

Appellant’s argument is based on his view that the evidence showed only that he was present while Wyrick committed the robbery. If that were all, the proof might indeed be insufficient, as consistent with innocence as with guilt. Cf. Acker v. State, 26 Ariz. 372, 379, 226 P. 199, 201. But that is not all.

The…