State v. Kobylasz

(dissenting) — I respectfully dissent.

I. In Division I of the .majority opinion it is held the trial court was right in submitting larceny from the person as an in-*1171eluded offense. Since the defendant was charged with, and the court submitted, robbery with aggravation, I feel the trial court would be right in submitting larceny from the person as an included offense were it not for what I will later discuss. But in this connection I wish to state that I do not subscribe to a rule that it would not be error under a robbery indictment to submit larceny from the person if the charge or proof was…