State v. Morris

The opinion of the court was delivered by

Foth, C.:

Appellant was convicted by a jury of first degree robbery and he appeals, alleging three trial errors all relating to the court’s instructions to the jury. They will be discussed as presented in his statement of points.

"1. The Court failed to instruct the jury of a lesser included offense, namely, receiving stolen property.”

The court’s proposed instructions were discussed in chambers. Appellant’s retained counsel, Mr. Tyler C. Lockett, suggested an instruction on receiving stolen property, but the trial court was dubious about its propriety.…