Winn v. Commonwealth

ELDER, Judge.

Kenneth Gaylock Winn (appellant) appeals his conviction for robbery in violation of Code § 18.2-58. Appellant contends the evidence failed to prove he used violence or intimidation against the victim to take the victim’s purse, a necessary element to support his conviction. Under the facts of this case, we agree and reverse the robbery conviction.

I

The victim was walking through the parking lot of a Ukrop’s Grocery Store in Henrico County at approximately 8:30 p.m. on November 13, 1993, after having purchased groceries. As the victim walked toward her car, accompanied by a Ukrop’s…