Payton v. State

The appellant was charged with and convicted of robbery, and appeals, contending that the evidence is insufficient to sustain the verdict and that certain instructions were erroneously refused. It is specifically urged that the evidence was insufficient in that it failed to show that the victim was robbed “by putting in fear” at the time of the alleged crime.

*402It is unnecessary for us to set out the entire statute upon which the charge is predicated, but we do point out that the statute (Burns’ Ind. Stat. Anno. §10-4101 [1956 Repl.]) provides that the crime charged consists of the taking of…