Rigsby v. State

BARTEAU, Judge.

Jerry Rigsby appeals his conviction of Robbery, a Class C felony. While five issues are raised, we need discuss only two:

I. Was it error to refuse Rigsby s tendered instruction defining fear?

II. Was the evidence sufficient to support the verdict?

We reverse.

FACTS

The facts most favorable to the verdict reveal that in May of 1989 Woodrow Bowling worked in his father’s bar in Converse, Indiana. To close the bar on May 16, he counted the day’s receipts, left $250.00 in the cash register for the next day, and put the remaining cash and checks in a red zipper bank bag. After closing,…