STATE v. SKAGGS 601 P.2d 862 (Or. App.1979). CASE BRIEF

STATE V. SKAGGS

601 P.2d 862 (Or. App.1979)

NATURE OF THE CASE: This was an appeal from a theft conviction.

FACTS: Skaggs (D) and another were caught by a deputy sheriff while in the process of stealing a car. D stabbed the deputy twice, grabbed him by the hair, and threatened to cut his throat if he did not drop his gun. D then grabbed the gun and fled in the officer's patrol car. D was convicted of robbery for the taking of the gun. D appealed: his original and continuing intent was to steal a car, and pursuant to that intent he took the gun merely to disarm the officer and escape. D contends that the intent to disarm excluded the intent to commit theft.

ISSUE:


RULE OF LAW:


HOLDING AND DECISION:


LEGAL ANALYSIS:





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