Bruce v. State

Marshall, Judge.

The defendant appeals from his convictions of robbery by intimidation and aggravated assault. Held:

1. The appellant contends that the verdicts of not guilty of armed robbery (which the judge charged must be committed with an offensive weapon) and guilty of aggravated assault (which the judge charged must be with a deadly weapon, which they might find his fists to have been) were inconsistent.

The sequence of events as testified to by the victim was that the appellant first beat her with his fists, then raped her, then took her money. Thus, the jury could have found that the…