STATE v. DAVIS

Nos. 82-1539 and 82-1592.

6 Ohio St. 3d 91 (1983)

THE STATE OF OHIO, APPELLANT AND CROSS-APPELLEE, v. DAVIS, APPELLEE AND CROSS-APPELLANT.

Supreme Court of Ohio.

Decided July 27, 1983.


Attorney(s) appearing for the Case

Mr. John F. Holcomb, prosecuting attorney, Mr. Gerald R. Leshner and Mr. Daniel G. Eichel, for appellant and cross-appellee.

Messrs. Koehler & Humbach and Ms. Patricia S. Oney, for appellee and cross-appellant.


WILLIAM B. BROWN, J.

The first issue for determination is whether proof of a "* * * [threat of] the immediate use of force against another," as an essential element of the offense of robbery in violation of R.C. 2911.02(A), is sustained by evidence that the offender, while demanding money from a person, uses the particular demeanor of holding one of his hands under his clothing hidden from the victim's view, as if carrying a firearm, although the offender does not...

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