Claybrooks v. State

The defendant’s assignment of error is that the trial court failed to give adequate instructions as to all the necessary elements of armed robbery. If the defendant’s position is correct and the inadequacy was prejudicial, the defendant’s remedy is a new trial.

Both parties recognize that an erroneous jury instruction is a trial court error and that it is not reviewable as a matter of right in this court on appeal unless a motion for a new trial based upon such error was made in the trial court. While this rule is not to be taken lightly for the reasons set forth in the cases cited in the…