Powell v. State

OPINION

O’BRIEN, Judge.

Appellant, indigent, and ably represented by appointed counsel at trial and before this Court, was indicted and convicted for armed robbery. The jury fixed his punishment at not more than ten years in the Penitentiary upon which the trial court entered judgment accordingly.

Appellant makes two assignments of error which will be considered in inverse order.

1. The Court erred in overruling defendant’s motion for new trial in that the weight of the evidence preponderates in favor of defendant’s innocence and against the verdict of the jury.'

2. The Court erred in overruling…