Holcomb v. State

Mobley, Chief Justice.

The Court of Appeals has requested instructions from this Court upon the follow ing question:

"Where the evidence establishes that an accused committed a robbery by the use of an offensive weapon may he or his co-conspirator be convicted of the "lesser included offense” of robbery by intimidation?

"See Section 26-1901 (Ga. L. 1968, pp. 1249, 1298); Section 26-1902 (Ga. L. 1968, pp. 1249,1298; 1969, p. 810) of the Criminal Code of Georgia. Compare Rider v. State, 226 Ga. 14 (1) (172 SE2d 318), with Hill v. State, 229 Ga. 307 (191 SE2d 58); Watson v. State, 229 Ga. 573, 574…