State v. Curtis

The question for determination is whether the trial court erred in submitting to the jury the con- • sideration of the offense of assault with intent to rob, the subordinate questions being ..whether such offense is an included or inferior offense to armed robbery, and, if so, whether there was substantial evidence of assault with intent to rob.

Section 13448-2, General Code, in part, declares:

“The jury piay find the defendant not guilty of the offense charged, but guilty of an attempt to commit it if such attempt is an offense at law. When the indictment or information charges an offense,…