State v. Shon

DISSENTING OPINION OF

MIZUHA, J.

I agree with the majority that “the determination of the question of what degree of robbery the appellant was guilty of for participating in the commission of the offense charged was definitely conditioned and circumscribed by the evidence and the defense presented by his own testimony.” However, the degree of the offense was a matter for the jury to determine.

Our statute provides that “Robbery by one armed with a dangerous weapon with intent, if resisted, to kill, maim, wound or inflict other severe corporal injury upon the person robbed * * * is robbery in the…