Ross v. State

SCHEB, Acting Chief Judge.

Appellant, David Ross, was tried by jury and convicted of attempted robbery. On appeal Ross argues that the trial court erred in refusing his request to instruct the jury on the offenses of battery and assault which he contends are lesser included offenses of the attempted robbery in this case. We agree and reverse.

The information against Ross charged that he:

[D]id unlawfully and knowingly attempt to commit an offense prohibited by law, to-wit: ROBBERY and in such attempt did an act toward the commission of such offense to-wit: threaten or commit a battery on GLEN…