Kirk v. State

Appellant was charged by affidavit with robbery by putting in fear. On trial before a jury, appellant was convicted of the included offense of theft from the person and was thereupon sentenced to the Indiana Reformatory for a period of not less than one year nor more than ten years and fined in the sum of five thousand dollars and costs.

On this appeal appellant raises only the question of whether the evidence is sufficient to sustain the jury’s verdict. In the memorandum accompanying his motion for new trial, appellant asserts that there was insufficient evidence to establish his identity as…