State v. Yanda

-By county attorney’s information defendant was accused of robbery, entered a plea of not guilty, was tried, found guilty of the crime charged, and appealed.

The trial court gave appropriate instructions to the jury-on robbery, larceny from the person, assault with intent to rob and assault.

Defendant now contends the court erred to his prejudice in failing to submit an instruction on assault and battery. Testifying in his own behalf defendant admitted beating the prosecuting witness but the cause, reason or purpose is disputed. Under these circumstances the trial court should have given an…