Hawthorne v. State

CONNOR, Justice.

In this criminal appeal we are asked to determine whether (1) the trial court erred in refusing to give a jury instruction covering what appellant claims is a lesser included offense, and (2) the sentence imposed upon appellant was excessive.

At about midnight on the evening of October 6, 1970, Merlyn D. Wilson was walking toward the Sombrero Restaurant in Fairbanks, Alaska. As he approached the restaurant a car stopped behind him, a man exited from the car, placed his right arm around Mr. Wilson, 1 and demanded money. Wilson complied with the demand. At the urging of another…