Irving v. State

Nichols, Presiding Justice.

The defendant was indicted on three counts of armed robbery. At the conclusion of the state’s evidence a motion was granted directing a verdict of not guilty on Count 3. Thereafter, the jury found the defendant not guilty as to Count 1 and guilty as to Count 2. The defendant was sentenced by the jury to ten years imprisonment to begin at the conclusion of a sentence previously rendered on another indictment. A motion for new trial was filed, overruled and the present appeal filed.

The enumerations of error filed in this case present but one question for decision, to…