People v. Legacy

Appellant has been convicted of robbery third degree after a trial of an indictment charging him with robbery first degree. He argues that the facts established in the record do not constitute robbery third degree; hence, that a conviction for that crime is not justified, and that the judgment should be reversed.

The facts as appearing in the record would tend to suggest that if the defendant was guilty of robbery at all, it was for the crime of robbery second degree; or possibly of robbery first degree, if the jury found that the gun used had been a real gun. Defendant’s argument that the…