State v. Ortega

OPINION

OMAN, Judge.

Defendant was indicted by a grand jury for the crime of armed robbery. He was tried for armed robbery, and the question of his guilt was submitted to the jury by the court’s instructions.

One of the two victims of the armed robbery was a Mrs. Bowen. She was a witness for the State. The other victim was unavailable at the time of trial.

The robbery was committed by two men. One of them wore a mask, but Mrs. Bowen tentatively identified him as a Mr. Montano, whom she had previously known. He was later charged and pled guilty to armed robbery.

Mrs. Bowen’s tentative…