State v. Lane

CAMPBELL, Judge.

The defendant asserts that it was error for the trial court to fail to instruct the jury on the lesser included offense of an assault. This argument is based on the conflict in the State’s evidence as to how much, if any, money the victim had on his person. This contention requires the jury to accept part of the State’s evidence and reject a part of it. In the instant case the evidence for the defendant amounted to a denial of any participation in the crime. There was no controverting evidence that something other than a robbery took place. The defendant was not entitled to an…