Hash v. State

The defendant (appellant) was charged with robbery under 1956 Repl. Burns Ind. Stat. Ann. § 10-4101, IC 1971 §35-13-4-6, Acts of 1941, ch. 148, §6; he was convicted in a trial by jury of Theft and sentenced to imprisonment for not less than one nor more than ten years and disfranchised. His appeal presents two questions for review: (1) the sufficiency of the evidence and (2) refusal of the trial court to give a tendered instruction relative to a lesser included offense and failure of the trial court to include a verdict form upon the lesser included offense.(1) The evidence, viewed most…