State v. Rader

The opinion of the court was delivered by

Lockett, J.:

The State appeals the judgment of the Court of Appeals reversing defendant’s convictions on three counts of robbery and remanding the case for a new trial because the trial court failed to instruct the jury on theft by threat as a lesser included crime of robbery.

On November 3, 10, and 18, 1991, a man entered a Subway sandwich shop in Shawnee, Kansas, wearing coveralls, a big coat, a pantyhose mask, a cap, and gloves. During each robbery, the man either said or implied that he had a gun and ordered the clerk on duty to give him the money…