Asher v. State

Dissenting Opinion

Jaokson, J.

I am unable to agree with the majority opinion herein and dissent thereto.

Appellant and one Oie Willoughby were charged by affidavit filed in Marion Criminal Court, Room 2, Marion County, Indiana, with the crime of robbery. Appellant entered a plea of not guilty to the charge. Appellant also filed notice of alibi to which the State filed written answer. Trial was had by jury which returned a verdict finding appellant guilty as charged in the affidavit. At the conclusion of the State’s evidence appellant moved for a directed verdict of acquittal which motion was…