Schwass v. State

GIVAN, Justice.

A jury trial resulted in the conviction of appellant of Attempted Robbery Resulting in Bodily Injury, a Class A felony, for which he received an enhanced sentence of forty (40) years.

The facts are: On July 28, 1983, the victim, Roy Sparks, was driving on Interstate 74 in Dearborn County when he saw appellant hitchhiking and stopped to pick him up. As they drove down the road, appellant asked Sparks if he would buy him a soft drink at the next exit. Sparks testified that appellant was behaving strangely, so he told him he would buy him a soft drink but that he did not have much…