Bixby v. State

Hill, Justice.

Andrew Bixby appeals from a jury verdict of guilty and sentence of five years for armed robbery. Error is enumerated on the admission of evidence of a separate and distinct crime, and on the failure of the trial court to instruct the jury as to the lesser included offense of robbery by intimidation.

On the evening of December 28,1973, a person later identified as Thomas Stokely, armed with a pistol and accompanied by a man wearing a ski mask, forcibly entered a residence on Campbellton Road. The two men, who arrived in an American Motors automobile, told the occupants that…