Wilcher v. State

Undercofler, Justice.

Rhound Wilcher was convicted of the offense of armed robbery and sentenced to serve ten years in the penitentiary. He appeals to this court. Held:

1. The trial court in this case instructed the jury that the defendant was charged with the offense of robbery. Later in his charge he corrected this error by telling the jury that "the offense of robbery is not the offense charged in the indictment. It is a lesser included offense to the offense charged in the indictment which is armed robbery.” The trial court then charged the law on armed robbery and several times thereafter…