State v. Coats

MARTIN (Robert M.), Judge.

In his first assignment of error defendant offers two arguments to support his contention that the trial court erred in refusing to submit the issue of common law robbery to the jury. Defendant first points to his own testimony when he was asked on direct examination, “Did you ever see any gun — did you see Hoot with any gun?” Defendant answered, “No, sir.” Counsel asked, “You didn’t see the gun?” Defendant answered, “It was dark in the car anyway.” On cross-examination defendant was asked, “You say you never saw a gun?” He answered, “I didn’t.” The prosecutor then…