Spears v. State

The plaintiff in error, hereinafter called the defendant, was jointly informed against with one J. C. Hoover, alias J. C. Clifton, charged with the crime of robbery with firearms; was tried separately, convicted, and sentenced to serve a term in the state penitentiary for 25 years. Motion for new trial was filed and overruled, and defendant has appealed to this court.

The testimony on behalf of the state, in substance, is that on the night of January 5,1928, the defendant, acting conjointly with J. C. Hoover, alias J. C. Clifton, entered the Quaker Drug Store No. 3, at 10 East Eighteenth…