Herring v. State

HOLLAND, Justice:

The defendant-appellant, Michael Anthony Herring, was indicted on a charge of Robbery in the First Degree, Possession of a Deadly Weapon During the Commission of a Felony and Conspiracy in the Second Degree. Following a jury trial in the Superior Court, Herring was convicted of Robbery in the First Degree. He was acquitted of the remaining charges.

On appeal Herring argues that the Superior Court erred in refusing to instruct the jury on the lesser included offense of Theft. He also argues that the Superior Court improperly commented on the evidence in its initial and…