Lineback v. State

Appellant was charged by affidavit with the commission of the crime of robbery and physical injury by a deadly weapon while engaged in a robbery. Upon a plea of not guilty, trial by jury was had. At the close of the trial the State dismissed the robbery charge, and the jury returned a verdict of guilty on the charge of inflicting a physical injury while engaged in a robbery. The appellant was sentenced to life imprisonment.

The record shows the following facts:

On August 3, 1971, at about midnight, the Zesto Drive-In Restaurant located in Evansville, Indiana, was being operated by Stephen…