Bailey v. State

LEIGH M. CLARK, Retired Circuit Judge.

This appellant went to trial on an indictment that charged in pertinent part that he:

“... did, in the course of committing a theft of a radio ... of the value of $79.99, the property of McCrory Corporation, a corporation, d/b/a H.L. Green, use force against the person of Bailey Clinton and/or Gerald Fleming, with intent to overcome his physical resistance or physical power of resistance, or threatened him with the use of force against the person of Bailey Clinton and/or Gerald Fleming, with intent to compel acquiescence to the taking of or escaping with…