Martin v. State

MANN, Judge.

Ashe v. Swenson1 governs this case. Martin and Gordy were tried for robbery. Gordy was convicted. Martin was acquitted. The jury was charged that if they found that Martin conspired with another to commit the robbery he should be found guilty as a principal.

Subsequently he was charged with conspiracy to commit robbery. The evidence at the second trial was identical to that at the first except that, as in Ashe, the evidence of defendant’s identity was stronger at the second trial. It is clear that the jury could not have determined that the robbery didn’t happen, and a fair reading…