Williams v. State

DICKSON, Justice.

Defendant Michael Williams was convict ed following jury trial of robbery, a class A felony 1. This direct appeal raises two issues:

1. failure to instruct on lesser-included offense; and,

2. sufficiency of evidence.

ISSUE I

Defendant argues that the trial court erred in refusing the following tendered instruction, which would have allowed the jury to consider a lesser-included offense:

DEFENDANT'S INSTRUCTION NO. 2

The crime of Robbery is defined as follows:

A person who knowingly or intentionally takes property from another person or from the presence of another person:

1. By using…