Cook v. State

Benham, Judge.

Appellant was indicted for armed robbery and found guilty of an included offense, robbery. On appeal, he questions the sufficiency of the evidence presented against him and contends that the trial court erroneously denied his motion for mistrial.

1. At trial, both the victim and his daughter, Ms. Cook (of no relation to appellant), testified that two men committed the robbery. Ms. Cook stated that the “first guy” grabbed her father and the other man pointed a gun at her and told her to keep going. She identified the second man as appellant and stated that she had previously…