State v. Cooper

The opinion of the court was delivered by

Schroeder, J.:

This is an appeal from a conviction and judgment sentencing the accused to confinement in the State Penitentiary for a period of not less than ten nor more than twenty years on a first degree robbery charge pursuant to G. S. 1949, 21-527 and 21-530.

The questions raised are (a) whether the evidence presented by the record is sufficient to support a finding by the jury that the accused had a felonious intent, and (b) whether the trial court erred in its refusal to grant a new trial on the ground of newly discovered evidence.

The appellant,…