MORRIS v. STATE

No. 279S51.

394 N.E.2d 151 (1979)

Thomas Charles MORRIS, Appellant, v. STATE of Indiana, Appellee.

Supreme Court of Indiana.

September 20, 1979.


Attorney(s) appearing for the Case

Robert L. Deloney, Gary, for appellant.

Theodore L. Sendak, Atty. Gen., Joel Schiff, Deputy Atty. Gen., Indianapolis, for appellee.


DeBRULER, Justice.

At a trial before a jury appellant was convicted of robbery while armed in violation of Ind. Code § 35-42-5-1(2) (Burns 1979) and received a sentence of fifteen years imprisonment. In this appeal he contends (1) that the evidence was insufficient, and (2) that the court erred in refusing a defense instruction requiring proof of affirmative conduct.

Appellant was charged with taking forty dollars from Patricia Stephens at gunpoint. He...

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