McGowan v. State

Opinion on Petition to Transfer

Hunter, J.

Robert McGowan, the defendant below, was convicted after a jury trial, of armed robbery.1 The Court of Appeals reversed this conviction, finding the evidence insufficient. McGowan v. State, (1976) Ind. App., 355 N.E.2d 276. The state petitions for transfer on the grounds that sufficiency of the evidence was waived by the defendant’s failure to present this issue in his motion to correct errors, and that even if the issue was preserved for appeal, the element of an accused’s age is unique in character.

We agree with the Court of Appeals, to the extent…