Porter v. State

Pope, Judge.

Willie Porter brings this appeal from his conviction of armed robbery. Held:

1. Defendant first contends that the trial court erred while instructing the jury by constantly referring to defendant and his co-defendant (Steven Scott) plurally and not making it clear that under the evidence the jury might acquit one defendant though the other was convicted. The trial court merely indicated that the jury must return a separate verdict for each defendant. Because the evidence against defendant and his co-defendant was not identical, and because each defendant presented a separate alibi…