State v. Larson

The defendant was found guilty of the crime of robbery. His appeal is prosecuted upon' a single assignment of error — that the trial court erred in refusing the following requested instruction: “ ‘The exercise of the “will” of an individual requires a conscious • mental process.’ ”

The evidence showed that the defendant had been drinking with the prosecuting witness on the night in question and attacked him as they walked down the street together, knocking him down and kicking him. The victim made an effort to rise, but was knocked down again by the defendant, who then took his wallet from his…