Crocker v. State

272 So.2d 664 (1973)

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Nature of the Case

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Facts

McKenzie testified D came to his home, and after they had a cup of coffee. He and D went to the store where they drank some beer and whiskey. When they returned, McKenzie changed his clothes. He had his billfold containing $500 in the bib of his coveralls which he removed. He removed the billfold and put it in his pocket. It is unclear from his testimony whether he put the billfold in the pocket of the coveralls which he removed, or whether he put it in the pocket of the clothes he put on. He left it on the bed because D got the billfold, removed $500 therefrom, laid the billfold down and left. He never would say that any force or violence was used. On cross examination, he stated that D did not in any way use force, violence, or fear to get his money. He concluded by stating that his clothes were on the bed and his wallet was in his clothes and that D took his money from his wallet and left. D had been gone for about an hour before he missed his money. D moved for a directed verdict, which was denied. D was convicted of robbery and given a 10 year sentence. D appealed.