Claybrooks v. State

The basic error urged by defendant on this review is that the trial court committed reversible error when it failed to instruct the jury with respect to certain crucial elements of the armed robbery offense charged. Before we consider this alleged error on its merits, it is necessary to resolve two preliminary issues:

1. Should this court exercise its power of discretionary review of this alleged error even though a motion for new trial was not made to the trial court raising this error ?

2. Where the defendant failed to object to the trial court’s instructions or to request additional…