Small v. State

The information in this case against the plaintiff in error Paul R. Small, hereinafter referred to as the defendant, charges him with robbery under section 28- 414, R. R. S. 1943. On this charge a trial to a jury was had resulting in a verdict of guilty. Thereafter the defendant’s motion for a new trial was overruled and a sentence of confinement in the State Penitentiary for a period of 15 years was imposed. The defendant prosecutes error to this court.

Two grounds for reversal are presented: (1) The trial court erred in failing to sustain the defendant’s motion to direct a verdict of…