Smith v. State

W. J. HARALSON, Supernumerary Circuit Judge.

Appellant was charged in the lower court with robbery, convicted of grand larceny, and sentenced by the court to imprisonment in the penitentiary for nine years.

When the State rested its case, the appellant moved to exclude all of the evidence offered by the State on the basis that it did not make out a prima facie case.

This matter is not pressed upon the court nor mentioned in brief. We do not feel like extending this opinion by setting out the tendency of the evidence relied upon by the State for a conviction. It is enough to say this evidence…