State v. Skaggs

601 P.2d 862 (Or. App.1979)

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Nature of the Case

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Facts

Skaggs (D) and another were caught by a deputy sheriff while in the process of stealing a car. D stabbed the deputy twice, grabbed him by the hair, and threatened to cut his throat if he did not drop his gun. D then grabbed the gun and fled in the officer's patrol car. D was convicted of robbery for the taking of the gun. D appealed: his original and continuing intent was to steal a car, and pursuant to that intent he took the gun merely to disarm the officer and escape. D contends that the intent to disarm excluded the intent to commit theft.