McNARY v. STATE

No. 681S170.

428 N.E.2d 1248 (1981)

Alvin McNary, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Supreme Court of Indiana.

December 17, 1981.


Attorney(s) appearing for the Case

Edward C. Hilgendorf, South Bend, for appellant.

Linley E. Pearson, Atty. Gen., Kathleen G. Lucas, Deputy Atty. Gen., Indianapolis, for appellee.


HUNTER, Justice.

The defendant, Alvin McNary, was found guilty by a jury of robbery resulting in bodily injury, a class A felony. Ind. Code § 35-42-5-1 (Burns 1979 Repl.). He was sentenced to a term of thirty years in the Indiana Department of Corrections. In his direct appeal, he presents the following issues for our review:

1. Whether the trial court erred when it refused to give defendant's final instruction defining the lesser offenses of robbery...

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