Boggan v. State

This is an appeal from the conviction of robbery, the defense being an alibi. The evidence for the state, which the jury believed, justifies the verdict as to all the appellants; consequently the appellant’s request for a directed verdict of not guilty was correctly denied. The indictment alleged that the robbery was committed by means of an assault with a deadly weapon, to-wit, a pistol. The evidence for the state as to the use of the weapon was in conflict.. The court below, in an instruction for the state, permitted the jury to “find the defendants guilty of rob bery without firearms,” and…