State v. Harris

The opinion of the court was delivered by

Fromme, J.:

Charles E. Harris was tried and convicted for robbery (K. S. A. 1973 Supp. 21-3426) and sentenced to a minimum term of one year to run concurrently with other sentences he was serving. He raises two points on appeal.

He complains because the trial court failed to instruct the jury on the offense of obtaining unauthorized control over property as proscribed in K. S. A. 1973 Supp. 21-3701 (a), which he contends is a lesser included offense in a charge of robbery. See Guffey v. Casualty Co., 109 Kan. 61, 197 Pac. 1098.

Where the crime charged may…