State v. Wooten

HUSKINS, Justice.

By his first assignment defendant contends the trial court erred in denying his motion for judgment as of nonsuit and submitting the issue of his guilt of first degree murder to the jury.

The record reveals that the State proceeded on the theory that defendant killed Tucker while robbing him, i.e., felony murder; this was the only theory of first degree murder submitted to the jury. Defendant argues that there was no evidence tending to show he killed Tucker while committing or attempting to commit a robbery. On the contrary, defendant contends all the evidence, including his…