Gross v. State

This case is before this Court on petition to transfer. Appellant-petitioner was indicted for armed robbery on July 13, 1972, and after trial by jury, convicted as charged and sentenced to imprisonment for ten (10) years. The judgment of the Vanderburgh Circuit Court was affirmed by the Court of Appeals, First District, on September 11, 1973.

Appellant-petitioner contends that the trial court erred in approving Court’s Instruction No. 15, which was given to the jury over his objection. Said instruction and the objection thereto read as follows:

“The defendant in this case has not taken the…