Moses v. State

— The defendants-appellants, Gene Moses and Kim Moody, jointly appeal their conviction of robbery 1 presenting the following issues for review:

1) Whether the trial court gave an instruction that was an erroneous statement of the law.

2) Whether there is sufficient evidence to support the jury’s verdict.

The evidence most favorable to the State reveals that at approximately 10:00 P.M. on the 4th of July, 1975, Kevin Oxendine, age 13, was riding a bicycle home, and was stopped by three individuals, Gene Moses, Kimberly Moody and Frank Williams, in front of a tavern in Terre Haute. Oxendine…