Criminal Law keyed to Dripps
Harris v. State
Facts
Timothy Harris (Defendant), Jack Tipton, and several others were playing cards and drinking alcohol at a friend’s house. At the end of the evening, Tipton offered to drive Defendant home. While en route, Defendant became angry when Tipton refused to drive to the District of Columbia. Defendant forcibly removed Tipton from his car and drove away. Tipton reported the vehicle as stolen. Defendant was charged with carjacking, unlawful taking of a motor vehicle, and second degree assault. At trial, defense counsel asserted a voluntary intoxication defense as justification for Defendant’ actions. At the conclusion of the evidence, Defendant requested a jury instruction on voluntary intoxication, arguing that he was too intoxicated from smoking marijuana and drinking alcohol to form the specific intent required for the offenses of carjacking and the unlawful taking of a motor vehicle. The court denied Defendant’s request. The trial judge then instructed the jury that the unlawful taking of a motor vehicle was the only offense that required specific intent. Additionally, the trial judge instructed the jury that a defendant is guilty of carjacking when he obtains unauthorized possession or control of a motor vehicle from another individual in actual possession by force or violence, or by putting that individual in fear through intimidation or threat of force or violence. The jury found Defendant guilty of carjacking and assault but not guilty of the crime of unlawful taking of a motor vehicle. Defendant appealed.
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