Mactate v. State Indiana

Appellant was charged by affidavit with the crime of robbery. Upon a plea of not guilty, trial was had before a jury and appellant
was found guilty as charged and sentenced to the Indiana State Prison for a term of not less than ten (10) nor more than twenty-five
(25) years. Two questions are raised for our consideration of this appeal, one of which involves the sufficiency of the evidence. We
will therefore briefly recite that evidence most favorable to the state. In the early morning hours of January 22, 1969, one
Walter Morgan was working at the Golden Imperial Service Station in Richmond, Indiana, when two men entered the station, one
of whom was later identified to be appellant. Appellant's accomplice asked the attendant for some cigarettes. At about this
time, appellant, who was standing somewhat to the right and behind Morgan, poked a knife in Morgan's back side and asked for
his money. Morgan hesitated momentarily and appellant said, "I mean it." By turning slightly, Morgan was able to see about
four inches of knife blade and testified that the knife appeared to be a kitchen knife. Morgan placed the money on a desk
top and appellant instructed his accomplice to pick it up. During the course of these events, appellant made several threats
on Morgan's life but his accomplice attempted to calm him, reminding him that their only interest was in the money.