California, United States of America
The following excerpt is from People v. Miller, 117 Cal.Rptr. 491, 43 Cal.App.3d 77 (Cal. App. 1974):
Under the instructions given, the jury had three options. It could believe the victim's entire testimony and return a verdict of first degree robbery. The jury could also return a verdict of second degree robbery by believing the testimony that appellant forcibly took the wallet from the victim's jacket and that the victim was frightened (see People v. Church, Supra, 116 Cal. 300, 302--303, 48 P. 125), but rejecting the testimony that appellant had a gun. The jury could also acquit, believing that no robbery took place.
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