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RIGSBY v. STATE

No. 34A02-9103-CR-113.

582 N.E.2d 910 (1991)

Jerry RIGSBY, Jr., Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana, Fifth District.

December 19, 1991.

Attorney(s) appearing for the Case

Caroline B. Briggs, Flora, for appellant-defendant.

Linley E. Pearson, Atty. Gen., Michael Gene Worden, Deputy Atty. Gen., Office of Atty. Gen., Indianapolis, for appellee-plaintiff.

BARTEAU, Judge.

Jerry Rigsby appeals his conviction of Robbery, a Class C felony. While five issues are raised, we need discuss only two:

I. Was it error to refuse Rigsby's tendered instruction defining fear?

II. Was the evidence sufficient to support the verdict?

We reverse.

FACTS

The facts most favorable to the verdict reveal that in May of 1989 Woodrow Bowling worked in his father's bar in Converse, Indiana. To close the...

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