Stewart v. State Case Brief

Stewart v. State

455 P.2d 914 | 85 Nev. 388 | 1969 Nev. LEXIS 381

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Takeaway

In short, this case holds that a defendant cannot avoid liability for attempted robbery by abandoning the effort after using a weapon and demanding money, because the attempt is already complete.

Background

Ernest Stewart approached Marvin Luedtke at Luedtke’s service station, displayed a loaded .32-caliber automatic pistol, and demanded all of Luedtke’s money. When Luedtke explained that the station’s cash was in a box near the fuel pumps, Stewart instead demanded Luedtke’s wallet, which Luedtke produced.

Police officers then drove into the station, and one officer saw Stewart holding the pistol. Stewart told Luedtke to give him two cans of oil and to act as if Stewart were buying them. Stewart took one can, placed the pistol in Luedtke’s desk drawer, and tried to leave, but the officers immediately arrested him.

A jury convicted Stewart of attempted robbery. On appeal, Stewart challenged only the sufficiency of the evidence, arguing that he had abandoned the crime when he put down the gun and left the station.

Issues

Issue #1

Whether the evidence was sufficient to support Stewart’s conviction for attempted robbery despite his asserted abandonment of the crime.

Holding

Yes. Stewart completed the crime of attempted robbery when he displayed the pistol and demanded money; his later abandonment did not erase the completed attempt.

Reasoning

The State’s uncontroverted evidence established both criminal intent and overt acts toward robbery. Stewart brandished a loaded pistol, demanded all of Luedtke’s money, and then demanded the contents of Luedtke’s wallet. Those actions went beyond preparation and directly advanced the intended taking of property by force or threat.

Under State v. Verganadis, an attempted robbery is complete once the defendant produces a weapon and demands money. Stewart therefore became guilty of attempt before he put the pistol away or tried to depart from the station.

Stewart’s decision to stop was prompted by the arrival of police officers, but even a voluntary change of mind after intent and overt acts have been established does not negate attempt liability. The court adopted the principle that abandonment after the attempt has been completed—whether caused by outside intervention or conscience—does not lessen the defendant’s guilt.