Schubert v. State

Shulman, Presiding Judge.

Appellant was charged with and tried for aggravated assault and attempted armed robbery. The trial court granted appellant’s motion for a directed verdict on the attempted armed robbery charge* and the jury convicted appellant of the aggravated assault. Appellant now urges that the trial court erred in denying appellant’s motion for a mistrial and in charging the jury on conspiracy.

The evidence showed that appellant and a male companion knocked on the door of the victim’s home late one evening. The victim, a widow who lived alone, testified that after she had answered…