State v. Lilly

MARTIN, Judge.

The defendant first contends that the trial court erred in denying his motion, which was made only at the close of the State’s evidence, for nonsuit of the armed robbery charge. He argues that the State’s evidence does not sufficiently show that the weapon was used at the precise time the robbery occurred. Instead, he contends, the evidence indicates that both the intent to rob and the actual robbery occurred only after the assault of Jones was terminated. Thus, as his argument goes, the use of the crowbar was part of the assault charge and not a part of the armed robbery…