Offutt v. State

Jerry Junior Offutt, appellant, was convicted in the Circuit Court for Montgomery County of assault with intent to rob. Judge John F. McAuliffe, presiding with a jury, imposed a sentence of ten years. The various contentions of the appellant will be set out separately.

I. Sufficiency of the Evidence

Appellant contends that the evidence was insufficient to support his conviction. The important testimony can be summarized as follows:

Kelly Anne Hickey, aged 16, was a part-time employee at Garrison’s Toy Store. On November 11, 1978, at 5:30 p.m., a man came in and asked her for change. As she…