Tate v. State

Banke, Presiding Judge.

The appellant was convicted of robbery and criminal attempt to commit armed robbery, based on two separate incidents which occurred on the same day. He brings this appeal from the denial of his motion for new trial. Held:

1. The appellant contends that the testimony of the two victims was insufficient to overcome his alibi defense. This contention is without merit. Both victims picked the appellant out of a police lineup and positively identified him during the trial. The evidence, considered as a whole, was amply sufficient to enable a rational trier of fact to reject…