People v. Bias

Armed robbery — jury—six years.

No evidence as to the nature of the instrumentality used to persuade the victim to part with his billfold — except that it may have been a sharp fingernail.

Since no portion of the human anatomy is legally a dangerous weapon, we reduce Bias’ conviction to simple robbery and remand for resentencing.

Because Bias also asserts that the victim’s identification testimony was insufficient to establish beyond a reasonable doubt that she was the robber, a rather detailed summary of the evidence is required.

EVIDENCE

The State’s first witness, Everett Jackson, testified that…