People v. Way

Theodore Way was charged with robbery and conspiring to commit robbery. Trial was to a jury which found him not guilty of robbery but found him guilty of conspiracy to commit robbery. Motion for Judgment of Acquittal and/or for New Trial was filed by counsel for Way, and after a hearing thereon the trial court sustained the motion and ordered that the defendant be discharged from custody. The trial court found that the only evidence offered tending to establish the crime of conspiracy was the evidence tending to prove that Way was an active participant in the robbery which was the subject…