Ex Parte Sapp

Certiorari was granted to determine whether the Court of Criminal Appeals had correctly interpreted Code of 1975, §13A-8-41, which creates the offense of robbery in the first degree:

"(a) A person commits the crime of robbery in the first degree if he violates section 13A-8-43 and he:

"(1) Is armed with a deadly weapon or dangerous instrument; or

"(2) Causes serious physical injury to another.

"(b) Possession then and there of an article used or fashioned in a manner to lead any person who is present reasonably to believe it to be a deadly weapon or dangerous instrument, or any verbal or other…