Gunn v. State

McMurray, Presiding Judge.

Defendant Gunn appeals his conviction of the offense of armed robbery. Held:

1. Defendant contends that the trial court erred in failing to instruct the jury that it could consider robbery by intimidation as a lesser included offense of the indicted charge of armed robbery. The evidence was that the victim, the manager of a motel, was robbed by two men armed with a handgun with which they struck the victim across the head. The perpetrators held the gun to the victim’s head threatening to shoot in order to elicit from the victim the location of the motel’s money. The…