Sutton v. State

Duckworth, Chief Justice.

The appellant was indicted, tried and convicted of the crime of robbery by force and sentenced to serve 10 years imprisonment in the State penitentiary. Upon completion of the evidence, appellant moved for a directed verdict, which was denied. The appeal is from the judgment and sentence based upon the denial of the motion for directed verdict. The victim, Mitchell, was unable to positively identify the robbers who overpowered him in his cow barn because they were disguised and masked; but, in substance, he testified that one was short, the other tall; that the taller…