State v. Kane

WASSERSTROM, Judge.

Defendant appeals from a conviction by jury of robbery in the second degree and armed criminal action, each crime being separately charged in different counts of the information. The jury assessed punishment at seven years under the robbery count and thirty-five years under the count for armed criminal action.

Defendant’s three points on appeal may be summarized as follows: (1) that the legislature did not intend to authorize prosecution for and conviction of both robbery second degree and armed criminal action; (2) that robbery second degree is a lesser included offense of…