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Stewart v. State

Nevada Supreme Court
455 P.2d 914 (1969)


Facts

Ernest Stewart (defendant) pointed a gun at a service station operator, Marvin Luedtke, and demanded money. After Luedtke told Stewart that the money was kept in a cash box located near the fuel pumps in front of the station, Stewart then demanded Luedtke’s wallet, which Luedtke handed over. Immediately thereafter, two police officers drove into the gas station. One of the officers witnessed Stewart brandishing the gun. When Stewart saw the police officers, he told Luedtke to bring him two cans of oil and act as if Stewart were purchasing them. Stewart then placed the gun in Luedtke’s desk drawer and attempted to leave the station. He was immediately arrested. Stewart was charged with, and convicted of, attempted robbery and he appealed.

Rule of Law

Issue

Holding and Reasoning (Mowbray, J.)

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