Butts v. State

RYDER, Judge.

Warren Butts attacks his conviction for robbery with a firearm. We hold that the trial court erred in failing to grant Butts’s motion for judgment of acquittal. We accordingly reverse the order denying the motion for judgment of acquittal and direct the trial court to discharge Butts.

This case began with a robbery at the Rally Food Store near the Charlotte/Arcadia exit on Interstate 75. In the early morning of July 11, 1991, a customer who was fueling his truck noticed a large, older model brown or bronze ear with spoked hubcaps pull up to the side of the store and saw two black…