Viola Constant v. Mary E. Tillitson

Appellant was convicted of robbery after a jury trial. The only arguable point raised by appellant on appeal is that the trial judge committed error by failing to instruct the jury on the lesser offense of attempted robbery, or on any necessarily included offenses of robbery, i.e., larceny (grand or petit), assault with intent to commit robbery and simple assault. The record shows that the trial judge, after instructing the jury, inquired of counsel whether there were any additional requested instructions. Counsel stated that there were none. A rather imposing line of cases indicate that absent a request for lesser included offense instructions it is not error for the trial judge to omit giving them. In fact the request, if made, should be in writing. See, Brown v. State, 206 So.2d 377, 384 (Fla.1968).