Rutledge v. State

James Rutledge and Elbert Blair were charged with Robbery, IC 1971, 35-13-4-6, Ind. Ann. Stat. §10-4101 (Burns 1958), and tried before the court sitting without a jury. They were convicted of Assault and Battery with Intent to Commit a Felony, to-wit: Robbery, IC 1971, 35-1-54-3, Ind. Ann. Stat. § 10-401 (Burns Supp. 1974), and sentenced to terms of one to ten years. Rutledge and Blair appeal the overruling of their timely filed motion to correct errors.

The facts most favorable to the State reveal that at about 3:00 P.M. on February 20, 1973, appellants broke into the apartment of Henry…