Nature of the Case
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Facts
Mrs. Williams cashed her unemployment check at Proper Check Cashing, a concession located in the Woolworth store. She placed the proceeds in a zipped compartment in the strapless, clutch-type purse that she carried under her arm. She left the store and headed for her car. She went to the passenger side and put her key in the lock, and D walked up and stood close beside her on her left. Mrs. Williams turned to face the man, thinking he had approached to ask a question, but D said nothing and merely slid her pocketbook -- which wasn't very hard to do -- from under her arm and took off. There was no evidence that D used any force other than that required to slide the purse from beneath Mrs. Williams' arm. D was indicted for robbery. At trial, D moved for a judgment of acquittal in respect of the robbery charge as the case should have proceeded only on the lesser-included offense of theft from the person. The trial court denied defendant's motion, and the jury subsequently found defendant guilty of second-degree robbery. D appealed.
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