State v. Mitchell

MORRIS, Judge.

Defendants bring forward two assignments of error, both directed to the charge of the court to the jury. They contend that the court’s failure to instruct the jury on assault constituted reversible error.

The evidence for the State tends to show that defendants with two others planned to rob the prosecuting witness of a large sum of money they understood he had at his home. Defendants and another of the planners went to the home of the prosecuting witness. The defendants were driven there by Terry Barnum. They had a .22 caliber gun and some rope. Barnum parked a short distance…