State Vs. Shoemaker :: essays research papers

State of Kansas, Appelle, vs. Joe Shoemaker, AppellantThe 1980 Kansas State Supreme courtyard case of State of Kansas, Appelle, v. Joe Shoemake, Appellant, the defendant, Joe Shoemake, was charged with common chord counts of aggravated robbery of three somebodys and two counts of felony theft involving two automobiles. In New York State that would be considered as follows160.10, Robbery in the trice stratum, would be mannequinified as A person is criminal of robbery in the second period when he forcibly steals property and when 1. He is aided by another(prenominal)(prenominal) person actually present or 2. In the course of the fit out of the crime or of immediate flight therefrom, he or another participant in the crime (a) Ca mappings physical injury to whatsoever person who is not a participant in the crime or (b) Displays what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm or 3. The property consists of a motor vehicle, as defined in fragm ent one hundred twenty-five of the vehicle and traffic law. Robbery in the second degree is a class C felony.165.08 Unauthorized aim of a vehicle in the first degree.A person is guilty of unauthorized use of a vehicle in the first degree when knowing that he does not have the consent of the owner, he takes, operates, exercises apply over, rides in or otherwise uses a vehicle with the intent to use the same in the course of or the commission of a class A, class B, class C or class D felony or in the immediate flight therefrom. A person who engages in any such conduct without the consent of the owner is presumed to know that he does not have such consent. On the night of August 21, 1979, in Kansas City, Missouri, a 1972 hybridizing Torino, color yellow, was stolen from a residence. Four nights later, August 25, 1979, a second car, a parking area, 1972 Ford Torino was stolen from a parking lot in Wyandotte County, Missouri. At around 700p.m., on the night of August 25, 1979, John L ucas was seen by an employee working at Nigros Supermarket, driving a yellow Ford Torino through the parking lot of the store. Shortly after that, Lucas was seen in the green Torino, sitting in front of the supermarket. Moments later, Lucas proceeded to enter the supermarket, approach the manager, brandish a pistol, and demand money from him.