Johnson v. State

THOMAS, J.,

for the Court:

¶ 1. Nicholas M. Johnson was convicted of conspiracy to commit robbery with a deadly weapon and accessory after the fact of robbery with a deadly weapon in the Circuit Court of Tate County. Nicholas appeals on the following issues of error:

I. THE TRIAL COURT ERRED IN GIVING AN INSTRUCTION ON ACCESSORY AFTER THE FACT AS A LESSER-INCLUDED-OFFENSE OF ARMED ROBBERY.

II. THE TRIAL COURT ERRED IN GRANTING S-l OVER' THE OBJECTION OF THE APPELLANT.

III. THE JURY’S VERDICT WAS AGAINST THE OVERWHELMING WEIGHT OF THE EVIDENCE GIVEN THE DIRECT TESTIMONY OF THE STATE’S OWN WITNESSES…