Indiana Supreme Court January 9, 1973, 171S1 (Gregory v. State)

Prentice, J.

Defendant (Appellant) was charged with Robbery in violation of Acts of 1941, ch. 148, § 6, Burns Ind. Stat. Ann. §10-4101 (1956 Repl.), IC 1971, 35-13-4-6. At the close of the State’s case in chief, the trial judge directed a verdict of acquittal as to robbery, and the case was submitted to the jury upon the included theft offenses.