Kimmons v. State

Two issues are raised on appeal: (1) Error in instructions, and (2) error for failure to submit verdicts for a lesser included offense.

The resolution of this case does not require a detailed review of the facts. The victims of both robberies positively identified the defendant and testified that he was armed with a pistol. The female victim of the first robbery was not as knowledgeable of firearms as the male victim of the second robbery; however, her description of the weapon is sufficiently detailed to support the conviction.

Error in instructions.

The instructions given on the first count…