State v. Moss

HYDE, Presiding Judge.

Defendant has appealed from conviction of robbery in the first degree and sentence of five years in the penitentiary. The only point raised is that the Court erred in overruling defendant’s motion for judgment of acquittal. This is based on the claim that there was insufficient evidence to make a jury issue as to the identity of defendant as one of the two men who participated in the robbery.

It was charged that defendant robbed James B. Shields, 70 years old. According to the State’s evidence, Mr. Shields drove to Kansas City, where he lived, on Saturday night, June 29,…