Hatfield West v. State

Appellants were charged with the crime of autmobile banditry under Acts 1929, ch. 54, §3, p. 136, being §10-4710, Burns’ 1956 Replacement, tried by jury, found guilty as charged and sentenced to the Indiana State Prison for terms of 12 and 15 years, respectively.

The determinative issue here presented is the trial court’s refusal to give certain tendered instructions relating to lesser offenses allegedly included in the crime of automobile banditry.

Tendered Instruction No. 1 would have instructed the jury that the offense of second degree burglary 1 is included in the offense of automobile…