Potter v. State

Defendant (Appellant) was tried upon a charge by affidavit of the oifense of Robbery under 1956 Repl., Burns Ind. Stat. Ann. § 10-4101, Acts of 1941, ch. 148, § 6, I.C. 1971, 35-13-5-6. He was convicted of the lessor included oifense of theft from the person under 1956 Repl., Burns Ind. Stat. Ann. § 10-3030, Acts of 1963 (Spec. Sess.) ch. 10, § 3, I.C. 1971, 35-17-5-3, and was sentenced to imprisonment for not less than one nor more than ten years and disfranchised for a period of ten years.

The questions presented upon appeal are:

1. Insufficiency of the evidence upon the issue of…