State v. Diggs

The State timely appeals the order of the trial court granting defendants, Diggs and Smith, a new trial because of the court’s failure to give an instruction on attempted robbery. We reverse.

The defendants were charged with three counts of robbery and each defendant was convicted on all three counts. The court instructed the jury on the lesser offenses of assault with intent to commit robbery, grand larceny, assault with intent to commit grand larceny, petit larceny and assault *447with intent to commit petit larceny. The court denied the defendant’s requested instruction on attempted robbery but…