State v. Hewett

PHILLIPS, Judge.

In appealing from his conviction of armed robbery defendant contends that the court erred in three respects: In not dismissing the indictment because the evidence was insufficient to convict; in not charging the jury on the lesser included offenses of assault with a deadly weapon and simple assault; and in not striking the testimony of his accomplice, Galloway, that a shotgun defendant used in the robbery was loaded, because Galloway admittedly did not see it loaded. None of these contentions has merit and we overrule them.

First, the State’s evidence, clearly sufficient to…