Attempted Murder; Theft by Unlawful Taking; Violence Against Women; Jury Instructions

Court: 
Supreme Court
Case Number: 

2019-SC-000473-MR

Case Status: 
Published Case
Rendered Date: 
Friday, August 20, 2021

The trial court did not err in declining the defendant’s request for a renunciation jury instruction, as there was no evidence that the defendant made any efforts to abandon his commission of the crime or took any steps to avoid its commission prior to the shooting. Rather, he completed the act of shooting his girlfriend, but failed to kill her as he had intended. The trial court did not err in denying the defendant’s motion for a directed verdict on the theft by unlawful taking of a firearm charge, because, under the evidence as a whole, a reasonable jury could infer the defendant intended to permanently deprive the owner of the gun. Affirmed.

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