State v. Wenrich

Pee Curiam.

In effect the trial judge instructed the jury that, as to each defendant, it should return one of two verdicts, guilty as charged in the bill of indictment or not guilty. “. . . (I)n a prosecution for robbery with firearms, (or other dangerous weapons) an -accused may be acquitted of the major charge and convicted of an included or lesser offense, such as common law robbery, or assault, or larceny from the person, or simple larceny, if a verdict for the included or lesser offense is supported by allegations of the indictment •and by evidence on the trial.” (Parentheses ours.) State…