Monroe

By an information dated October 11, 1957, Theodore Monroe and Artis Allen Falkner were charged with armed robbery. The information also charged that each of them had previously been convicted of robbery in the first degree and had served a term therefor in the state prison. Both defendants entered a plea of not guilty. A jury trial resulted in a verdict of guilty. This appeal is taken only by the defendant Theodore Monroe from the judgment of conviction and from the order denying his motion for a new trial. Monroe contends that: (1) The evidence was insufficient to support the verdict; (2) The evidence was insufficient to prove his identification so as to overcome his alibi; (3) The trial court should have granted his motion for a new trial based on newly discovered evidence when Falkner stated that he committed the robbery-but that Monroe did not; (4) He was denied due process of law because he was represented by the same attorney as the defendant Falkner who confessed the crime.,

The record discloses the following facts: On Sunday, September 22, 1957, William A. Floren, age 17, and his grandfather, Gustave Floren, arrived at the family grocery store, Gail’s Market, at a few…