State Vs. Shoemaker :: essays research papers

State of Kansas, Appelle, vs. Joe Shoemaker, Appellant The 1980 Kansas State Supreme Court case of State of Kansas, Appelle, v. Joe Shoemake, Appellant, the defendant, Joe Shoemake, was charged with three counts of aggravated robbery of three persons and two counts of felony theft involving two automobiles. In New York State that would be considered as follows: 160.10, Robbery in the second degree, would be classified as; A person is guilty of robbery in the second degree when he forcibly steals property and when: 1. He is aided by another person actually present; or 2. In the course of the commission of the crime or of immediate flight therefrom, he or another participant in the crime: (a) Causes physical injury to any 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 section one hundred twenty-five of the vehicle and traffic law. Robbery in the second degree is a class C felony. 165.08  Ã‚  Ã‚  Ã‚  Ã‚   Unauthorized use 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 control 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 Ford Torino, color yellow, was stolen from a residence. Four nights later, August 25, 1979, a second car, a green, 1972 Ford Torino was stolen from a parking lot in Wyandotte County, Missouri. At around 7:00p.m., on the night of August 25, 1979, John Lucas was seen by an employee working at Nigro’s 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.