State v. Schiernbeck

McCORMICK, Justice.

Defendant was convicted by jury and sentenced for robbery without aggravation under Code § 711.3. He principally alleges trial court erred in failing to dismiss the case before trial, in overruling his motion for mistrial based upon the county attorney’s opening statement, and in overruling his motion for directed verdict predicated upon insufficiency of the evidence to permit a conviction. We find no merit in these or other assigned errors and affirm.

I. The motions to dismiss. Defendant was arrested during the night of October 4, 1970, for robbery with aggravation. The…