State v. Davis

The first issue for determination is whether proof of a “* * * [threat of] the immediate use of force against another,” as an essential element of the offense of robbery in violation of R.C. 2911.02(A), is sustained by evidence that the offender, while demanding money from a person, uses the particular demeanor of holding one of his hands under his clothing hidden from the victim’s view, as if carrying a firearm, although the offender does not verbally threaten harm. This court now holds that this element can be proven by the above-described threatening demeanor and demanding words.

Prior to…