Simmons v. United States

TERRY, Associate Judge:

Appellant was charged in a single-count indictment with robbery 1 and was found guilty as charged after a jury trial. Appellant now challenges his conviction on the ground that the trial court erred in refusing to instruct the jury on the lesser included offense of taking property without right. 2 We agree that appellant was enti-tied to the instruction, and thus we reverse his conviction and remand the case for a new trial.

I

At about 5:30 a.m. on March 12, 1987, Sharon Stewart left a convenience store at Fourteenth Street and Rhode Island Avenue, N.W., and began to walk…