Tisdol v. State

Carley, Judge.

Appellant was tried by a jury and convicted of armed robbery. He appeals from the denial of his motion for new trial, as amended.

1. Appellant contends that the trial court erred in refusing to instruct the jury, upon proper written request, on the lesser included offense of theft by taking. The testimony of the prosecuting witness, a route salesman for a beer distributor, made out a case of armed robbery. He testified that after making a delivery to one of his customers and as he was preparing to leave, he was accosted by appellant’s co-defendant, pulled from his truck at the…