McTyre v. State

CARR, Presiding Judge.

The accused was indicted for the offense of robbery.

Without dispute in the evidence three masked persons took $110 from the person of Edmund H. Driver, under circumstances that made the taking robbery.

Mr. Driver was unable to positively identify any of the persons, but he did testify that in his best judgment one of them wa? the appellant.

The State relied in the main on the testimony of witnesses who did positively identify the defendant as he left from near the scene in a Chrysler automobile. This car bore tag number ID-4367, and admittedly the appellant owned and…