State v. White

HUDSON, Judge.

Defendant appeals his conviction on three counts of common law robbery. He contends the trial court committed error by denying his request for an instruction to the jury on the lesser included offense of larceny from the person. He also protests the trial judge’s refusal to give an instruction stating that “assault on the person” is an element of common law robbery and an instruction defining the “show of violence” rule. We find no error by the trial court.

Evidence at trial tended to show the following: at approximately 2:00 a.m. on 18 January 1999, defendant entered The Pantry…