Cherry v. State

Sognier, Judge.

Appellant was convicted of armed robbery, burglary, aggravated assault and simple battery, and he appeals.

1. Appellant contends the trial court erred by denying his motions for a directed verdict of acquittal because the evidence was not sufficient to sustain the verdict. The evidence disclosed that appellant and another man broke into the home of Robert and Cheryl Lummus while they were away at their auction business. When the Lummuses returned home about 2:30 a.m. with the day’s receipts from their business they were confronted by appellant and the second man, both of whom…