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Crocker v. State

    Brief Fact Summary.

    Crocker (defendant) was charged with robbery for the violent and forceful taking of $500 from the victim’s wallet.

    Synopsis of Rule of Law.

    Robbery is defined as the intentional taking and carrying away of another individual’s personal property from their person or presence through force, threat of force, or immediate fear of bodily harm.

    Facts.

    At trial, the victim (McKenzie) testified that he and Crocker were at McKenzie’s home when the decided to go to the store to buy some beer and whiskey. When they returned home, McKenzie changed his clothes and put his wallet containing $500 on the bed. McKenzie testified that Crocker must have taken the $500 from his wallet, returned the wallet to the bed, and left the home. McKenzie also testified that Crocker did not take the money by force or threat of force or by placing McKenzie in fear of bodily harm. Crocker’s motion for a directed verdict was denied, and he was convicted of robbery.

    Issue.

    Whether robbery requires that the taking and carrying away of another individuals personal property must be through force or threat of force?

    Held.

    yes, in order for a defendant to be guilty of robbery, the taking and carrying away of another individuals personal property must be done through force or threat of force.

    Discussion.

    In order for a defendant to be guilty of robbery, the taking and carrying away of another individuals personal property must be done through force or threat of force. Here, there was no evidence that Crocker took the $500 through force or any threat of force. McKenzie’s testimony provided that at no time during the taking of the $500 from his wallet, did Crocker ever threaten force or violence against McKenzie. Thus, the trial court erred in not granting Crocker's motion for a directed verdict.


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