Smithers v. State

LYBROOK, Presiding Judge.

Defendant-appellant Arlie Ray Smithers was charged by information with violating Ind.Code 35-13-4-6 (robbery statute, since repealed), found guilty by a jury, and sentenced to be imprisoned for not less than 10 nor more than 25 years. He appeals, raising two issues for review:(1) Whether the trial court erred in overruling defendant’s motion for judgment on the evidence at the conclusion of the State’s case-in-chief. 1(2) Whether the verdict was contrary to law because: (a) there was insufficient evidence to support a finding that the defendant was present at the time…