State v. Stoneberg

Defendant, William Lewis Stoneberg, was convicted by jury of second degree robbery. OES 164.405. He appeals that conviction. The sole assignment of error asserts that the jury should have been instructed as to the lesser included offenses of theft and attempted theft. OES 164.015, 161.405.

On September 13, 1972, Linda Workman, Peter Falkenstein, Michael Tuttirrici and Maria Glaros were residing at 1177 Jefferson Street, Eugene, Oregon. All four residents were awakened in the early morning hours by suspicious noises emanating from outside the house. After noting the unusual sounds and…