CORDIAL v. STATE

6 Div. 853.

389 So.2d 170 (1980)

William David CORDIAL v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied October 7, 1980.


Attorney(s) appearing for the Case

Dan M. Gibson, Tuscaloosa, for appellant.

Charles A. Graddick, Atty. Gen., Joseph G. L. Marston, III, Asst. Atty. Gen., for appellee.


BOWEN, Judge.

The defendant was indicted and convicted for robbery. Sentence was eighteen years' imprisonment.

The only issue raised on appeal is whether the trial judge erred in refusing to instruct the jury on the lesser offenses of assault and battery, assault with intent to rob and larceny included within the crime of robbery.

A trial court must instruct the jury on the lesser offenses included in the indictment "when there is a reasonable theory...

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