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Criminal Law Keyed to Gershowitz
Gravens v. State
Citation:
836 N.E.2d 490.Facts
The defendant entered a bank and walked up to a teller’s window. He pulled a piece of paper out of his pocket and slid it across the top of the counter. On the top of the piece of paper was printed the following demand: “Give me money from 2 TELLERS.” There was also writing on the bottom of the paper that the teller was unable to read. The teller, in a voice “a little louder” than what she would normally use with a customer, “I can’t read this. Can you tell me what you want?” The defendant became “flustered” and held up two fingers. He then picked up the note, looked at it, mumbled some words, and finally walked out of the bank.
He was charged with attempted robbery. At trial, the defendant requested a jury instruction on the defense of abandonment. The jury found the defendant guilty as charged.
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