Hergenrother v. State

Appellant was convicted of the crime of robbery while armed, upon an amended affidavit. The error assigned is the overruling of his motion for a new trial. The first proposition relied upon, questions the correctness of instruction No. 15, given by the court of its own motion. This instruction stated that:

“Evidence has been given in this cause to the effect that the defendant was present at the scene of other robberies a short time before and a short time after the commission of the alleged robbery on which the defendant is being tried. .'. .”

The instruction further stated that the evidence…