Franklin v. State

This is a belated appeal from a conviction in the Allen Circuit Court. Trial was had by jury and the appellant was convicted of committing a felony (robbery) while armed, pursuant to IC 1971, 35-12-1-1, being Burns § 10-4709. A sentence of twenty years was meted out.

The facts of this case show that appellant first appeared at the Hy-Fy Gas Station in Fort Wayne, Indiana at about 9:00 p.m. on August 25, 1969. The attendant at the station testified at the trial that appellant hung around the station for about half an hour and left. He returned in about half an hour and stayed for another hour.…