Burks v. State

Frank Holt, Justice.

Appellant was found guilty of robbery by the trial court, sitting as a jury, and a 10-year penitentiary sentence was imposed. When the state rested its case, the appellant offered no testimony and moved for a directed verdict of not guilty which the court refused. On appeal appellant’s only contention, through court appointed counsel, is that the court erred in its denial of the motion. We hold that the court was correct.

The thrust of appellant’s argument is primarily directed toward insufficient identification. The victim of the robbery, a 72-year-old semi-retired…