State v. Stewart
Wisconsin Supreme Court
420 N.W.2d 44 (1988)
- Written by Rose VanHofwegen, JD
Facts
Scott Kodanko was alone in a three-sided bus shelter when Walter Stewart (defendant) and Mr. Moore entered and stood blocking the exit, while a third man, Mr. Levy, waited outside. Moore said, “Give us some change.” When Kodanko refused, Stewart said, “Give us some change, man,” several times in an increasingly loud voice. Stewart reached into his coat pocket, and Moore said something like “put that gun away.” Levy entered the shelter, said, “Come on, let’s go,” and showed Kodanko some money, saying, “I don’t want your money, I got lots of money.” The three men then left. Moore returned and made small talk with Kodanko, but somebody called the police, who arrested the three men shortly afterward. Kodanko testified he felt threatened throughout the incident, which lasted under three minutes. The men never touched or raised a hand to Kodanko, who did not try to leave the shelter. Stewart was nonetheless convicted of attempted robbery. Stewart appealed, arguing he never intended to rob Kodanko and was only panhandling. The appellate court reversed Stewart’s conviction, and the prosecution (plaintiff) appealed.
Rule of Law
Issue
Holding and Reasoning (Abrahamson, J.)
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