State v. Allison

FRYE, Justice.

Defendant raised two questions before this Court: (1) whether the trial court erred in denying his motions at the close of the State’s evidence and at the close of all the evidence to dismiss the charge of attempted robbery with a dangerous weapon, and (2) whether the trial court committed reversible error by inadequately instructing the jury in regard to his sole defense. We find the first question dispositive of the matter before this Court and we therefore do not reach the second question.

Defendant Joe David Allison was indicted and jointly tried with codefendant Donnie Welch…