Sutton v. State

OPINION

DAVIS, Commissioner.

This is an appeal from a conviction for robbery. After the jury returned a verdict of guilty, punishment was assessed by the court at life.

The sufficiency of the evidence is not challenged.

At the outset, appellant contends1 the court erred when it refused to charge the jury in accordance with his written request that “if the jury finds that the single rationally conceivable issue in dispute in appellant’s prior jury trial went to the identity of Officer Abshire’s assailant then they would acquit appellant.”

Following the robbery of a Safeway store at 2849 East…