McClain v. United States

KERN, Senior Judge:

This appeal presents for our decision whether the trial court committed plain error when it instructed the jury regarding two lesser-included offenses of the crime of armed robbery of a senior citizen with which appellant had been charged by the Grand Jury. The trial judge instructed the jury that they could consider robbery of a senior citizen and assault with a dangerous weapon (“ADW”) as lesser-included offenses of the armed robbery of a senior citizen charge.

Appellant McClain contends that the trial court erred because the two lesser-included offenses were alternatives…