Womack v. State

McMurray, Judge., Defendant was indicted for the offense of robbery by intimidation. He was convicted and sentenced to serve 12 years, the first seven years in confinement, and following his release from confinement the remainder of the sentence imposed to be served by the defendant on probation. Defendant appeals. Held:

1. Defendant’s first enumeration of error complains of the court’s refusal to give a written request to charge on the lesser included offense of theft by taking, contending that the evidence authorized such a charge. Robbery always involves theft or attempt at theft and theft…