State v. Whittenmeir

OPINION

BYERS, Judge.

The defendant was convicted of burglary of an’ automobile with a three-year sentence, two counts of aggravated rape with sentences of thirty years on each, and of simple robbery with a sentence of five years. The sentences were ordered to be served concurrently.

The defendant says the evidence is insufficient to convict him of robbery and of one of the aggravated rape charges; says the trial judge should have instructed the jury on the offense of larceny as a lesser included offense of robbery; says the trial judge erroneously allowed a co-defendant whose trial was severed…