State v. Dugan

Dugan first urges that the trial court erred in refusing to give his requested jury instruction on theft as a lesser included offense to robbery. Theft is defined as the taking of personal property of another and the asportation thereof. A.R.S. § 13-661, subsequently amended, see § 13-1802; Pass v. State, 34 Ariz. 9, 267 P. 206 (1928). By Rule 23.3, Rules of Criminal Procedure, 17 A.R.S., a lesser included offense must be submitted to the jury: