Thomas v. State

418 So.2d 921 (1981)

Ben THOMAS

v.

STATE.

5 Div. 601.

Court of Criminal Appeals of Alabama.

December 29, 1981.

On Return to Remand June 29, 1982.

Rehearing Denied August 24, 1982.

Mack Clayton, Alexander City, for appellant.

Charles A. Graddick, Atty. Gen., and William Dudley Motlow, Asst. Atty. Gen., for appellee.

BOWEN, Judge.

The defendant was indicted and convicted for the offense of robbery in the first degree. Sentence was 99 years' imprisonment. Two issues are presented on appeal.

I

The defendant contends that the trial court erred in not charging the jury on the lesser included offenses of robbery…