Whitaker v. State

Whitaker contends that his conviction for robbery should be reversed because (1) the information was not amended in conformity with the statutes; (2) the trial court failed to instruct the jury on the lesser included charge of theft; and (3) the evidence was insufficient to support the jury’s verdict. We affirm the judgment.

Whitaker was originally charged as a party to the crime of theft. Following a preliminary hearing on November 5, 1975, probable cause was found, and Whitaker was bound over for trial. He was arraigned and pleaded not guilty to an information charging theft from the person,…