State v. Coles

GUNN, Presiding Judge.

Defendant was charged in a six count indictment with two counts of first degree robbery, armed criminal action, assault to do great bodily harm without malice, carrying a concealed weapon and flourishing a dangerous and deadly weapon. He was convicted on the charges of assault without malice aforethought and of carrying a concealed weapon. He was acquitted on all other counts.

His appeal raises two points of alleged trial court error: (1) that the assault for which he was convicted was the underlying act to accomplish the robbery with which he was charged but found…