Capps v. State

The appellant was tried and convicted of the crime of robbery and given an indeterminate sentence of not less than ten [10] years nor more than twenty-five [25] years and was disfranchised for a period of five [5] years. From this judgment he appeals and assigns as error: first, the overruling of appellant’s motion for a new trial, and the remaining assignments claim error as a result of the case being tried jointly with another cause — State of Indiana v. Clarence Scarberry, Jr., being Cause No. 2401 in the trial court.

A motion to dismiss or affirm has been filed by the State on the ground…