Miles v. State

SWANN, Chief Judge.

Defendants’ appeals from their convictions for the crime of robbery have been consolidated. The amount allegedly taken at gun point was $80.00. They have assigned several points for reversal and we find reversible error in the court’s failure to instruct on the lesser included offenses of robbery.

Defendants properly requested that the jury be charged on the “lesser included offenses of attempted robbery and petit larceny.” The court denied these motions. In Brown v. State, Fla.1968, 206 So.2d 377, the Supreme Court was concerned with a robbery in the amount of $68.00. In…