State v. Alston

MITCHELL, Justice.

The defendants in this consolidated appeal assigned as error the failure of the trial court to instruct the jury with regard to the lesser included offense of common law robbery and to allow them to consider a verdict on that offense as well as the initial charge of robbery with firearms or other dangerous weapons. We conclude that the trial court erred in failing to submit the lesser included offense to the jury and that the defendants must receive a new trial.

The State offered evidence at trial tending to show that Bobby Alston, Joseph Alston and James Robinson entered a…