People v. Patton

389 N.E.2d 1174 (1979)

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Nature of the Case

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Facts

Rita, her husband, and their four young children were hurrying along a sidewalk toward a church. Rita was carrying her purse 'in the fingertips of my left hand down at my side.' D walked toward the family. As he came abreast of Rita, he 'swiftly grabbed' her purse, throwing her arm back 'a little bit,' she said, and fled. The purse was gone before she realized what had happened. Rita screamed and her husband unsuccessfully chased D. He was subsequently apprehended through the tracing of a license plate number on an automobile which witnesses had observed him enter. There was no other evidence offered bearing on the questions of use of force, threat of the imminent use of force, and resistance by or injury to Rita. D was convicted of robbery and appealed. The appeals court reversed and P appealed.