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.”
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).