1. What must a wrongful taker of property do to avoid legal responsibility for having specific intent to deprive the...

Question:

1. What must a wrongful taker of property do to avoid legal responsibility for having specific intent to deprive the owner permanently of his property?
2. Does a wrongful taker of property have specific intent if the taker does not intend to keep the property for any particular period of time?

Wernick, Justice
An indictment returned (on June 27, 1972) by a Cumberland County Grand Jury to the Superior Court charged defendant, Richard John Gordon, with having committed the crime of “armed robbery” in violation of 17 M.R.S.A. § 3401–A. A separate indictment accused defendant of having, with intention to kill, assaulted a police officer, one Harold Stultz. Defendant was arraigned and pleaded not guilty to each charge. Upon motion by the State, and over defendant’s objection, the residing Justice ordered a single trial on the two indictments. The trial was before a jury. On the “assault” the jury was unable to reach a verdict and as to that charge a mistrial was declared. The jury found defendant guilty of “armed robbery.” From the judgment of conviction entered on the verdict defendant has appealed, assigning ten claims of error.

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Question Posted: September 15, 2012 07:11:55