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Gravens v. State

Indiana Court of Appeals

836 N.E.2d 490 (2005)

Relevant factsFree

Gravens (defendant) handed a bank teller a note demanding money along with some indecipherable writing; when the teller returned the note and, raising her voice, asked him to explain what he wanted, Gravens became flustered and left without completing the robbery. He was convicted of attempted robbery after the jury was instructed that his voluntary-abandonment defense required proof the abandonment originated with him and was not attributable to any extrinsic circumstance; he appealed the instruction and his conviction.

IssueFree

Whether voluntary abandonment is a defense to criminal attempt only if the abandonment originated with the defendant and was in no way attributable to extrinsic circumstances.

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