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We have a def indicted on murder: committing an act clearly dangerous to human life & felony murder: committing an act clearly dangerous to human life while in the course of intentionally or knowingly committing a felony, to-wit: Robbery. A couple of questions have come up in the trial and in the course of doing the jury charge. 1. Is agg robbery or robbery a lesser? 2. CW is 74, but we didn't pled the victim's age--does that matter? Or can we still do a lesser for robbery? 3. There's a concern that bc we said committing robbery (rather than committed robbery), the lesser can't be the completed robbery. Is that right? I'm just now looking at this and they have a jury until probably Monday. | ||
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Member |
If you will scan and e-mail a copy of your indictment, I can aswer with more certainty. Probably robbery may be lessor but agg robbery is not. | |||
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Member |
Just sent it. Thanks for your help. | |||
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