Merritt v. State

Marshall, Judge.

This is an appeal from a conviction of robbery by force. Appellant was sentenced under the Youthful Offender Act. Appellant enumerates two errors, both of which deal with the charge of the trial court. Held:

1. In his first enumeration, appellant complains the trial court erred in refusing to charge on the lesser offense of theft by taking. The evidence shows the victim was a 16-year-old high school student. The appellant accosted the victim on a sidewalk at a time when the only persons present were the appellant, the victim and the victim’s school companion. When walking past,…