State v. Hurley

Defendant was charged by an amended information alleging two counts, i.e., robbery on December 4, 1969 and attempted robbery on December 11, 1969, both within the city of Spokane. He was convicted of the crime of robbery and acquitted of attempted robbery. His appeal raises three issues: (a) trial court error in denying defendant’s motion for judgment notwithstanding the verdict based upon an inconsistency between a special interrogatory and the general verdict; (b) materiality of a leather belt admitted into evidence because of lack of probative value; and (c) improper identification…