People v. Kennedy

Defendant appeal his conviction of robbery following a bench trial. Sentence of one to three years was imposed. The issue made upon appeal is that defendant was not guilty of robbery because the force was used after he had obtained possession of the money.

There is no issue concerning the facts. One Welch was alone as an attendant of a service station when defendant walked in in such manner as to indicate that he was drunk. While defendant was in the restroom, Welch took some coins from the safe, closing its door but not locking it, and went outside the office to put change into a vending…