Morris v. State

DeBRULER, Justice.

At a trial before a jury appellant was convicted of robbery while armed in violation of Ind.Code § 35-42-5-1(2) (Burns 1979) and received a sentence of fifteen years imprisonment. In this appeal he contends (1) that the evidence was insufficient, and (2) that the court erred in refusing a defense instruction requiring proof of affirmative conduct.

Appellant was charged with taking forty dollars from Patricia Stephens at gunpoint. He contends that the evidence serving to show that he engaged in the crime was wholly insufficient to support the jury verdict. In determining this…