State v. Lenzi

— Elmer Wasson, Homer Clarey and James Lenzi were charged by information which contained two counts. In the first, they were charged with attempted robbery, and in the second, with robbery. Wasson pleaded guilty to the latter charge, and Clarey and Lenzi, upon a trial, were convicted upon both counts. Lenzi moved for judgment notwithstanding the verdict, and, in the alternative, for a new trial; both of which motions being overruled, judgment and sentence were entered, from which he alone appealed.

The three parties named in the information had previously been inmates of the penitentiary in…