Is there a failure to give a theft instruction?
MultiRegion, United States of America
The following excerpt is from Woratzeck v. Ricketts, 820 F.2d 1450 (9th Cir. 1987):
I do differ with the rationale of the majority, however, concerning the claim of right defense and the failure to give a theft instruction. Despite dictum in State v. Flores, 140 Ariz. 469, 682 P.2d 1136, 1140 (App.1984), I agree with the district court that the 1978 amendments to Arizona's criminal statutes eliminate a claim of right defense to the crime of robbery under the facts of this case.
"Robbery" is defined as:
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