Robbery and the Claim of Right Defense
James gives his friend Angela some money to purchase drugs. Angela doesn’t get the drugs and doesn’t return the money. James then comes to Angela’s house to confront her and get his money back, barging into the house and threatening her with a gun. James ultimately leaves without any money but is soon charged with attempted armed robbery. He testifies at trial that he had no intent to commit robbery; he was simply trying to get his property back. Angela admits on the stand that she had the money and never returned it or bought the drugs. James moves to dismiss, arguing that the State’s evidence is insufficient to establish any felonious intent—because he had a legitimate claim to the property, he couldn’t have committed robbery. [poll id="23"] Cast your vote, and read on for the answer.
