Burns v. State

ROSE, Justice.

In his jury trial, appellant was convicted of aggravated robbery in violation of § 6-66, W.S.1957. Although there are others, the primary issue for our decision is whether the trial court abused its discretion in denying appellant’s motion for a new trial, which was based on recanting testimony. We will affirm the judgment and sentence in all respects.

The record discloses that on August 4, 1976, appellant borrowed a blue 1967 Plymouth station wagon from a friend in Cheyenne, Wyoming. In the early evening hours of August 5, 1976, the appellant and two other individuals — Glen…