St. Germain v. State

Appellant was convicted in the St. Joseph Superior Court of the offense of commission of a felony, robbery, while armed with a deadly or dangerous weapon. Ind. Code §35-12-1-1 (Burns 1975). The sole issue presented for review is whether appellant was entitled to have the jury instructed that he could be convicted of the offense of commission of a crime of violence when armed with a firearm. Ind. Code §35-23-4.1-2 (Burns 1975).

Appellant was charged with robbing the cashier of a White House Restaurant in South Bend, while armed with a .22 caliber revolver. He was identified at trial by the…