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ECKELBERRY v. STATE

No. 1085S431.

497 N.E.2d 233 (1986)

Randy ECKELBERRY, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Supreme Court of Indiana.

September 18, 1986.

Attorney(s) appearing for the Case

Nancy L. Broyles, McClure, McClure & Kammen, Indianapolis, for appellant.

Linley E. Pearson, Atty. Gen., Michael Gene Worden, Deputy Atty. Gen., Indianapolis, for appellee.

SHEPARD, Justice.

This case presents a question whose answer is easily taken for granted: At what point must force occur in a taking of property to constitute robbery?

Appellant Randy Eckelberry was convicted of robbery, a class A felony, Ind. Code § 35-42-5-1 (Burns 1985 Repl.). He was sentenced to 20 years in prison. In this direct appeal, he challenges only the sufficiency of the evidence, claiming that the State did not prove he took property "by...

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