State v. Smith

CRIST, Presiding Judge.

Defendant was convicted by a jury of first degree murder and first degree robbery. He was sentenced to consecutive terms of life and fifty years, respectively. The first degree murder conviction is affirmed. The first degree robbery conviction and judgment are reversed.

On the evening of January 7, 1977, defendant and co-conspirator were granted entrance to the trailer home of one John Russell Stewart, an acquaintance of the co-conspirator. Co-conspirator told Stewart “we are here to rob you,” wrestled him to the ground and began choking him. Defendant went into another…