State v. Bell

Defendant was convicted of robbery. The evidence shows that he entered a filling station, picked up the cash register when the attendant’s back was turned, and made off with it. He was pursued by the attendant, threw the cash register in an automobile driven by a companion, and leaped in. The pursuing attendant tried to get the cash register by reaching through an open window, was struck and pushed by the defendant, and finally fell from the moving car.

Defendant assigns as error the failure of the court to *555instruct on the lesser included offense of larceny from the person and the refusal to…