Brooks v. State.

Bell, Chief Judge.

The defendant was indicted in a two-count indictment for aggravated assault with intent to rob of a named victim and for robbery of the same victim, all on the same date. He was found guilty of the aggravated assault count but the jury made no finding as to the robbery. Held:

1. The evidence shows that both of the alleged crimes arose out of the same conduct. Consequently, it is apparent that the state charged the defendant with the lesser as well as the greater crime. The defendant argues that since the evidence showed either a completed robbery or no offense at all, as the…