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Gravens v. State
Indiana Court of Appeals
836 N.E.2d 490 (2005)
The State of Indiana (plaintiff) charged David Gravens (defendant) with attempted robbery. Gravens's defense was that he voluntarily abandoned his criminal attempt before completing the robbery. Trial evidence showed that Gravens went into a bank and handed a teller a note, which demanded that she and another teller give Gravens the money in their tills. The note also contained some indecipherable writing that the teller could not read. The teller returned the note to Gravens and, raising her voice above its normal level, asked him to tell her what he wanted. Gravens became flustered and left the bank. Gravens objected to a jury instruction in which the judge stated that Gravens's defense required proof that his abandonment of the robbery originated with Gravens and was not in any way motivated by extrinsic factors. The jury convicted Gravens and he appealed to the Indiana Court of Appeals.
Rule of Law
Holding and Reasoning (Vaidik, J.)
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