Battle v. State

Gunter, Justice.

This appeal asserts and insists upon only one error alleged to have been committed in the trial court, that error being that the charge of the court on the subject of conspiracy was prejudicial to the appellant and an erroneous charge requiring the grant of a new trial.

The appellant was indicted for and convicted of armed robbery. He was not charged with conspiracy. However, the evidence shows that two persons committed an armed robbery; the appellant was positively identified as one of the two persons committing the robbery by the victims; and there was evidence that the two…