Glenn v. State

LILES, Acting Chief Judge.

Appellant was convicted of robbery in the Criminal Court of Record in and for Hillsborough County. His conviction was affirmed on direct appeal to this court, 256 So.2d 421. He now appeals from the trial court’s denial of post-conviction relief pursuant to F.R.Cr.P. 3.850, 33 F.S.A. The grounds argued as the basis of this appeal are the failure of the trial judge to instruct the jury on lesser included offenses and that the verdict was contrary to the law and evidence.

The facts of the case place it very near the fine line distinguishing larceny and robbery, Colby v.…