Walden v. State

OPINION

RUSSELL, Presiding Judge.

The appellant, William Joseph Walden, was convicted by a jury of robbery and his punishment was fixed at not less than five years nor more than ten years in the State Penitentiary. He now appeals the conviction, citing as his sole assignment of error the refusal of the trial judge to charge the jury as to the lesser included offense of larceny from the person.

William A. Caldwell, the robbery victim, testified that he was drinking at a private club in Nashville when he was approached by the appellant. Together they began to “match coins” for drinks, and after…