Elmore v. State

The defendant was indicted and convicted for robbery in the first degree. Alabama Code 1975, Section 13A-8-41. Sentence was twenty years' imprisonment.

I

The trial court did not commit error in failing to instruct the jury on any lesser included offense for two reasons. First, although an objection was made to the judge's failure to so instruct, there were no written requested charges on any lesser included offense. Yates v. State, 390 So.2d 32 (Ala.Cr.App. 1980); Hall v. State, 375 So.2d 536 (Ala.Cr.App. 1979). Second, the only reasonable conclusion from the testimony is that the defendant is…