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Home / Opinions / Courts / Court of Appeals, Eastern District / Criminal Law : First-Degree Robbery – Forcibly Stealing –  Sufficiency Of Evidence

Criminal Law : First-Degree Robbery – Forcibly Stealing –  Sufficiency Of Evidence

Where a defendant who was convicted of first-degree robbery argued that he had given up his attempt to steal a lawnmower when he threatened the victim with a knife, the evidence was sufficient to show that he forcibly stole the lawn mower, used a dangerous instrument to do so and was not just attempting escape, so the judgment is affirmed with a correction ordered to delet the finding that he was a prior and persistent offender.

Judgment is affirmed as modified.

State v. Whittaker (MLW No. 71588/Case No. ED105515 – 13 pages) (Missouri Court of Appeals, Eastern District, Hess, J.) Appealed from circuit court, St. Louis City, Ohmer, J. (Randall Brachman for appellant) (Richard A. Starnes for respondent).

Read the full text of this opinion. (PDF)