McGowan v. State

Appellant McGowan appeals from his conviction of armed robbery, contending that the evidence is insufficient to prove an essential element of the crime, i.e., that he was over sixteen (16) years of age when the crime was committed. A thorough search of the trial transcript reveals no evidence of McGowan’s age. Thus an essential element of armed robbery was not proved. Watson v. State (1957), 236 Ind. 329, 333, 140 N.E.2d 109, 110.

Impliedly conceding the failure of proof, the State argues, first, that the issue was waived since it was not specifically presented in the motion to correct errors…