Lofton v. State

McMurray, Judge.

Defendant was indicted for the offense of robbery occurring on the 6th of February, 1976, in Count 1. Count 2 was an indictment for criminal attempt to commit robbery occurring on the 26th of February, 1976. He was convicted as to each count and sentenced to serve 20 years as to Count 1 and five years as to Count 2 to run concurrently with the 20 year sentence. Motion for new trial was filed, thereafter amended, and denied. Defendant appeals. Held:

1. The substance of the first enumeration of error is that the trial court committed fatal error by becoming an advocate for the…