Dunlap v. State

Per Curiam. Appellant was convicted by the court sitting without a jury of attempted robbery with a dangerous and deadly weapon and assault. Sentenced to ten years imprisonment, appellant contends on this appeal that the evidence was insufficient to sustain his conviction. The evidence adduced at the trial showed that on February 19, 1966, at approximately 11:15 a.m., Edward Mintz, a cab driver, picked up appellant who asked to go to the 1700 block of Lexington Street.

Upon arrival there, Mintz stopped his cab at which time appellant said “This is it, holdup,” simultaneously brandishing a gun. Mintz jumped on appellant and wrestled the gun from his hand. The police then arrived on the scene and arrested appellant. Appellant testified that he had been drinking at the time of the incident; that he lived at 1732 W. Lexington Street; that upon arriving in the 1700 block of Lexington Street and seeing his house, he told the driver “Hold it, this is it.” Appellant testified that he reached into his pocket to get his change and found it necesasry to remove his pistol from his pocket to do so; and that Mintz attacked him under these circumstances.

The test of the sufficiency of the evidence in a case tried before the court without a jury, when reviewed in this court, is whether the evidence, if believed, either shows directly or sup ⁴⁴⁷ ports a rational inference of the facts to be proved, from which the court could fairly be convinced, beyond a reasonable doubt, of defendant’s guilt of the offense charged. Levin