Horn v. State

Appellant was indicted for robbery in two counts: The first charging that the robbery was effected by making an assault upon R. C. Oloninger, and by said assault, and by violence to his person, and by putting him in fear of life and bodily injury; the second count charged robbery by the use of firearms. The indictment also contained a count charging theft. In submitting the case to the jury the trial judge withdrew the counts for theft, and robbery with firearms, and eliminated all the elements of robbery in the first count save that charging a “putting in fear of life or bodily injury.” A…