Dears v. State

OPINION

DALLY, Commissioner.

The conviction is for robbery; the punishment, imprisonment for eighty years.

The sufficiency of the evidence is challenged. It is also urged that the trial court erred in not instructing the jury that the witness Moody was an accomplice witness as a matter of law and in failing to grant a mistrial because the prosecutor during jury argument “misquoted the complaining witness’s testimony.”

The complainant, who was sixteen years old at the time of the alleged offense, drove his automobile to a convenience store where he purchased school supplies. At approximately 9:50…