Snipes v. State

Appellant has petitioned this Court to grant transfer from a decision of the Court of Appeals affirming his conviction of the offense of armed robbery.

The opinion of the Court of Appeals contains the erroneous statement that “robbery is not a ‘specific intent’ crime.”

This Court has recently stated that all of the common law malum in se crimes have always included the mens rea as an element. Gregory v. State (1973), 259 Ind. 652, 291 N. E. 2d 67, 34 Ind. Dec. 593.

The question in the case at bar arose because of the giving of the State’s Tendered Instruction No. 3 which reads as follows:

“Volunta…