State v. Brown

Gregory, Justice:

Appellant Isaac Brown, Jr., was found guilty of robbery and appeals. Error is assigned to the trial judge’s jury instructions in two particulars. We affirm.

Appellant’s first contention is that the charge on the offense of robbery improperly over-emphasized the element of lack of the victim’s consent to the taking. He argues that such emphasis effectively eliminated the jury’s need to find the element of felonious intent, and in the context of this case, amounted to an indirect and impermissible comment on the facts. We disagree.

The common-law offense of robbery is essentially…