State v. Irwin

HEDRICK, Judge.

Defendant first assigns as error the court’s failure to grant defendant’s motion to dismiss the charge of armed robbery for insufficiency of the evidence. Since defendant was acquitted of that offense, this assignment of error is groundless.

Defendant’s next assignment of error is the court’s instruction to the jury on the offense of common law robbery. Defendant argues there was insufficient evidence to permit instruction on that offense in that the State presented no evidence of an essential element of common law robbery, to wit, that the life of the victim of the wrongful…