Spears v. State

HARRIS, Judge.

Spears was convicted of robbery and was sentenced to ten years in the penitentiary. He was represented by employed counsel and at arraignment he pleaded not guilty. After sentence he gave notice of appeal and trial counsel represents him on appeal.

The facts concerning the robbery arc not in dispute. Appellant did not testify but he offered the testimony of his father and another witness in support of his alibi. At the-, conclusion of the State’s case appellant moved to exclude the State’s evidence on the ground the State failed to make out a prima facie case. This motion was…