James C. Hitch v. State Indiana

The defendant (appellant) was charged by affidavit in two counts of Robbery by Putting in Fear (1956 Repl. Burns Ind. Stat. Ann. § 10-4101, IC 1971, 35-13-4-6, Acts of 1941, ch. 148, § 6) and Robbery While Armed (1968 Supp. Burns Ind. Stat. Ann. § 10-4709, Acts of 1929, ch. 55, § 1 as amended by Acts of 1965, ch. 298, § 1). He was convicted of a lesser included offense of Theft From the Person under 1969 Supp. Burns Ind. Stat. Ann § 10-3030, IC 1971, 35-17-5-3, Acts of 1963 [Spec. Sess.] ch. 10, § 3) and he was fined $1,000.00 and sentenced to imprisonment for not less than one nor more than ten years. His motion to correct errors assigns four general errors pursued by this appeal: (1) Sufficiency of the charging affidavit to withstand his motion to quash, (2) sufficiency of the evidence to withstand his motion for a directed verdict at the Conclusion of the States evidence, (3) the courts refusal to give certain instructions hereinafter set forth, and (4) the verdict was a compromise, the offense of which he was convicted not being a lesser included offense of the one for which he was charged.