¶ Judgment reversed, on the law and as a matter of discretion in the interest of justice, and new trial ordered.
¶ Defendant was charged under a two-count indictment with the crimes of robbery in the first degree and assault in the second degree. At the close of the trial, the court, acting upon the request of defense counsel, charged the jury with regard to the first count of the indictment that, in the alternative, it could find defendant guilty of robbery...
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