Fluellen v. State

Although I agree with the majority that Fluellen is guilty of some form of robbery, under the indictment alleged and the facts proven, I cannot agree that he is guilty of armed robbery.

The salient facts are as follows. After Creegan was robbed of his money bag by an unidentified individual, Fluellen demanded that Creegan give him the food.4 Creegan refused. At that point, Fluellen informed Creegan that he had a gun, and he reached under his t-shirt. Although Creegan could see Fluellen’s hand bulging under the t-shirt, Creegan admitted that he did not see the bulge of a weapon. Thus, Creegan…