Kelly v. State

FOSTER, Justice.

The opinion of the Court of Appeals shows that appellant was tried on a charge of robbery, which, of course, includes the lesser crimes of larceny and assault and battery. The trial court refused to give two charges for defendant, (1) that the indictment includes a charge of larceny, and (4) that it includes a charge of an assault and battery. Of course, the charges asserted correct legal propositions, and under section 8697, Code, the jury could have convicted defendant of either of those charges if, but only if, the evidence was sufficient to support such a charge. The…