Armstrong v. State

W. J. HARALSON, Supernumerary Circuit Judge.

Appellant was indicted for robbery, tried and convicted for grand larceny and sentenced to imprisonment for ten years.

At the conclusion of the State’s testimony the appellant moved to exclude the evidence, because the State had not made out a prima facie case. The court overruled the motion.

As a background for our consideration of the Court’s ruling on the motion, we set out a brief statement of the testimony adduced by the State as follows: on the morning of February 2, 1968, at about 11:30 a. m. Earl Bice, who was manager of the Kwik-Chek Store in…