State v. Hightower

Smith, Justice.

Johnny Hightower, Jr. was indicted, tried and convicted of armed robbery by use of a knife. Hightower claimed that he committed only a simple assault and battery upon the victim, Walter Duddy (the proprietor of a liquor store), while unbeknownst to him, an accomplice emptied the cash register. Hightower filed written requests for charges on the crimes of aggravated assault, simple assault, and battery. The trial judge charged on the crimes of robbery, armed robbery, and aggravated assault, and refused to charge on simple assault and battery. The Court of Appeals reversed and…