State v. Snider

Hunter, J. —

Defendant (appellant) Francis Olson was charged and convicted of the offense of robbery in the forceful taking of a billfold and wristwatch from the complaining witness, Charles Spencer. He appeals, contending that the trial court erred in refusing to give a requested instruction on larceny as the lesser included offense in the crime of robbery.

A criminal defendant is not entitled to an instruction on a lesser included offense merely because he makes such a request. To justify such an instruction there must be some basis in the evidence produced at trial positively inferring that…