¶1dissenting.
¶2I dissent from the majority. I believe there was sufficient evidence of common law robbery for this offense to have been submitted to the jury. The defendant testified that there was a robbery while he was in the automobile but he did not take part in it. He testified that he observed the robbery and it was accomplished by beating James Russell Smith with hands and fists. He testified he never saw a gun. I believe this is evidence which, when considered with the other evidence, is sufficient for the jury to find the defendant participated in the robbery and a weapon was not used. This would be sufficient to convict the defendant of common law robbery, and it was error not to submit this charge.