Carnes v. People

I respectfully dissent.

The instruction on specific intent, which the trial court refused with resulting error according to the majority opinion, reads as follows:

“In this case, you are instructed that in addition to the general intent necessary as is otherwise defined in these instructions, it is necessary that the People prove, beyond a reasonable doubt, that the defendant, intended, if resisted, to maim, wound or kill the victim or any other person.”

Instruction No. 9, which was given by the court, reads as follows:

“You are instructed that robbery is defined to be the felonious and violent…