Jacoby v. State

Appellant was prosecuted by affidavit for the crime of robbery (§2425 Burns Supp. 1929), tried by a jury, and found guilty. He assigns as error the overruling of his motion for a new trial, in which, among other reasons, he presents the correctness of the court’s'action in giving and refusing to give certain instructions and in admitting certain evidence over his objection.

■ The State proved by the prosecuting witness, a collector for a chain of grocery stores, that appellant, with, a companion, at 5:50 p. m. on November 4, 1930, in the city of Fort Wayne, held him up with a revolver in his…