State v. Gordon

321 A.2d 352 (1974)

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Nature of the Case

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Facts

Strode and D had escaped in Vermont from the custody of the authorities who had been holding them on a misdemeanor charge. Strode had acquired two handguns and also a blue station wagon in which they had fled from Vermont through New Hampshire into Maine. The station wagon showed signs of engine trouble, and D and Strode and found in Prout's yard a 1966 maroon Chevelle. The keys were in the Chevelle and Strode left the station wagon and entered the Chevelle. Prout came out of his house into the yard. Strode pointed a gun at him, and D and Strode then told Prout that they needed his automobile, were going to take it but they 'would take care of it and see he [Prout] got it back as soon as possible.' D left in the station wagon and Strode the Chevelle. The station wagon was abandoned in a sand pit, and D and Strode continued their flight in the Chevelle. A high-speed chase, and a shoot-out occurred with the Chevelle being driven off the road and abandoned. D was eventually captured and convicted. D appealed. D in part claims they never intended to permanently deprive Prout of the car and hence were not guilty of robbery with respect to the car.