Judgment reversed, on the law, and new trial ordered.
The facts have been considered and are determined to have been established. On August 10, 1979, at approximately 5:10 a.m., defendant, who was intoxicated, claims that he entered an all-night store to purchase cigarettes. However, upon entering, he told the night employee to give him all the money. The employee initially thought defendant was only joking, but eventually gave him the money in the register after...
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