Criminal Law : Second-Degree Robbery – Physical Force – Sufficiency Of Evidence

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Where a defendant slammed his hand on the counter while robbing a bank and showed a knowledge of bank procedure, but he did not threaten force or display a weapon, this was not sufficient evidence to show that the defendant used or threatened to use physical force in the act of stealing to support a conviction for second-degree robbery, so the robbery conviction is vacated and the case is remanded to enter a conviction for the lesser offense of stealing.

Threat of force

Dissenting opinion by Gaertner, J. “A reasonable interpretation of Brooks’ actions is that they constituted a threat of immediate physical force should the teller not comply with his demand.”

Vacated; remanded.

State v. Brooks (MLW No. 66031/Case No. ED99427 – 14 pages) (Missouri Court of Appeals, Eastern District, Van Amburg, J.) Appealed from circuit court, St. Charles County, Cunningham, J. (Samuel Buffaloe for appellant) (Robert Bartholomew Jr. for respondent).

Read the full text of this opinion. (PDF)