Petty v. State, 7 Div. 922
| Court | Alabama Court of Criminal Appeals |
| Writing for the Court | BOWEN |
| Citation | 414 So.2d 182 |
| Parties | James PETTY v. STATE. |
| Docket Number | 7 Div. 922 |
| Decision Date | 18 May 1982 |
Page 182
v.
STATE.
Myron K. Allenstein, Gadsden, for appellant.
Charles A. Graddick, Atty. Gen., and Jeanne Weston, Asst. Atty. Gen., for appellee.
BOWEN, Judge.
The defendant was indicted for attempted robbery in the first degree. Sentence was twelve years' imprisonment. This case is reversed and the cause remanded because the indictment did not charge any offense.
The indictment, in pertinent part, charged that the defendant
"did, with the intent to commit the crime of Robbery 1st Degree, Section 13A-8-41 of the 1975 Code of Alabama, attempt to commit said offense, in violation of Title 13A-4-2 of the 1975 Code of Alabama, ..."
This indictment charges that the defendant violated the attempt statute by attempting to commit the crime of robbery in the first degree.
Alabama's attempt statute is found in Alabama Code 1975, Section 13A-4-2 (amended 1977).
"Section 13A-4-2. Attempt.
"(a) A person is guilty of an attempt to commit a crime if, with the intent to commit a specific offense, he does any overt act towards the commission of such offense."
Robbery in the first degree is defined in Section 13A-8-41.
"Section 13A-8-41. Robbery In The First Degree.
"(a) A person commits the crime of robbery in the first degree if he violates section 13A-8-43 and he:
Page 183
"(1) Is armed with a deadly weapon or dangerous instrument; or
"(2) Causes serious physical injury to another."
(emphasis added)
By statutory definition, robbery in the third degree is a lesser included offense of robbery in the first degree.
"Section 13A-8-43. Robbery In The Third Degree.
"(a) A person commits the crime of robbery in the third degree if in the course of committing a theft he:
"(1) Uses force against the person of the owner or any person present with intent to overcome his physical resistance or physical power of resistance; or
"(2) Threatens the imminent use of force against the person of the owner or any person present with the intent to compel acquiescence to the taking of or escaping with the property."
(emphasis added)
Of significance is the phrase "in the course of committing a theft" which is defined to embrace "acts which occur in an attempt to commit or the commission of theft, or in immediate flight after the attempt or commission." Section 13A-8-40(b) (emphasis added).
Because the definition of robbery has been enlarged and expanded by the new criminal code,...
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Acres v. State, 3 Div. 843
...been regarded as assault with intent to rob and attempted robbery. Ex parte Wesley, 481 So.2d 1162 (Ala.1985); Petty v. State, 414 So.2d 182, 183 (Ala.Cr.App.1982). Under the present statutory definition of robbery, it is not essential that any property be taken from the victim. Consequentl......
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Wilson v. State, CR–07–0684.
...crime of attempted robbery now constitutes robbery.” ’ Casey v. State, 925 So.2d 1005, 1006 (Ala.Crim.App.2005) (quoting Petty v. State, 414 So.2d 182, 183 (Ala.Crim.App.1982)).”Evans v. State, 82 So.3d 766, 769 (Ala.Crim.App.2011). Accordingly, the State's evidence was sufficient to sustai......
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Tulley v. City of Jacksonville, CR–11–1880.
...because, he argues, the offense he was charged with and to which he pleaded guilty did not exist under Alabama law. In Petty v. State, 414 So.2d 182, 183 (Ala.Crim.App.1982), this Court said:“ ‘ “Because the definition of robbery has been enlarged and expanded by the new criminal code, ‘the......
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Reese v. State, 6 Div. 726
...general attempt statute authorizing a conviction for an attempt to commit any offense charged. 3 See the discussion in Petty v. State, 414 So.2d 182 (Ala.Cr.App.1982) and Reed v. State, 372 So.2d 876 4 In Bateman v. State, 408 So.2d 194 (Ala.Cr.App.1981), the defendant was indicted for arso......