Wooten v. State

John E. Jennings, Judge.

Dolphus Ray Wooten was charged with attempted aggravated robbery and aggravated assault. A jury trial was waived. The circuit court granted a directed verdict on the attempted robbery charge, but found Wooten guilty of aggravated assault and sentenced him to five years imprisonment.

The sole issue on appeal is whether the evidence is sufficient to support the conviction. We hold that it is not, and we modify the decision of the circuit court.

In determining the sufficiency of the evidence we are obliged to consider it in the light most favorable to the appellee, Booth v.…