Thurman v. State

Appellant was charged by affidavit filed in the Vanderburgh Circuit Court with the crime of robbery. Trial before a jury resulted in a verdict of guilty to the offense of theft and a sentence to the Indiana Reformatory for a period of one (1) to ten (10) years.

On this appeal, appellant assigns as error the overruling of his motion for new trial. In that motion appellant alleges that the verdict is contrary to law and not sustained by sufficient evidence.

Briefly, the facts as viewed most favorably to the state are as follows: on the morning of August 9, 1969, at approximately 3:00 A.M. a Negro…