State v. Greywater

A jury in the Thirteenth Judicial District, Yellowstone County, found Christopher Greywater guilty of robbery. Greywater appeals. We affirm.

Greywater raises two issues on appeal.

1. Did the District Court err when it refused Greywater’s proposed instruction that theft is a lesser included offense of robbery?

2. Did the District Court err when it refused to consider a motion in limine to exclude an eyewitness identification of Greywater?

FACTS

On April 3, 1995, at about midnight, Darrell Senner was parked in downtown Billings, Montana. He was in town on business and had $250 in his billfold,…