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Criminal Law: Robbery – Dangerous Instrument – Sufficiency Of Evidence

Stephanie Maniscalco//November 27, 2012//

Criminal Law: Robbery – Dangerous Instrument – Sufficiency Of Evidence

Stephanie Maniscalco//November 27, 2012//

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(1)Even though surveillance video showed that a defendant in a robbery case was holding a cell phone during the crime, rather than a gun, the evidence was sufficient to show that the victim, who had children in the car, believed that the defendant was threatening to use a dangerous instrument, so the conviction is affirmed.

(2)Where a trial court allowed testimony from a detective that he contacted a defendant’s parole officer, and the answer was later stricken by the court, the reference was brief and unrepeated, so the court did not err in denying the request for a mistrial.

Judgment is affirmed.

State v. Simrin (MLW No.64397/Case No. SD31268 – 12 pages) (Missouri Court of Appeals, Southern District, Francis Jr., J.) Appealed from circuit court, Greene County, Holden, J. (Robert Jefferson Bartholomew Jr., Jefferson City, for respondent) (Rosalynn Koch, Columbia, for appellant).

Read the full text of this opinion. (PDF)

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