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NC · jury_instructions

N.C.P.I.—Crim. 217.25

ATTEMPTED ROBBERY WITH A FIREARM. FELONY.

activein force · 2024-05-01 – presentas-observed

The defendant has been charged with attempted robbery with a firearm,

which is attempting to rob another by endangering or threatening him with a

firearm.

For you to find the defendant guilty of this offense the State must prove

four things beyond a reasonable doubt:

First, that the defendant intended to rob a person, that is to take and

carry away personal property from that person or in his presence without his

consent, knowing that he, the defendant, was not entitled to take it, intending

to deprive that person of its use permanently.2

Second, that the defendant had a firearm in his possession.

Third, that defendant [used] [threatened to use] the firearm in such a

way as to endanger or threaten the life of [that person] [another person].

And Fourth, that the defendant's [use] [threatened use] of the firearm

was calculated and designed to bring about the robbery [but which fell short

of the completed offense] [and which in the ordinary and likely course of

things the defendant would have completed the robbery had the defendant

not been stopped or prevented from completing the defendant’s apparent

course of action]. (Mere preparation or mere planning is not enough to

constitute such an act, but the act need not be the last act required to

complete the crime.)

If you find from the evidence beyond a reasonable doubt that on or

about the alleged date, the defendant intended to rob a person and that in

furtherance of this intent, the defendant possessed a firearm which he [used]

[threatened to use] in such a manner as to endanger or threaten the life of

[that person] [another person] and that the defendant's [use] [threatened

use] of the firearm was calculated and designed to bring about the robbery

[but which fell short of the completed offense] [and which in the ordinary and

likely course of things the defendant would have completed the robbery had

the defendant not been stopped or prevented from completing the defendant’s

apparent course of action], it would be your duty to return a verdict of guilty.

If you do not so find or have a reasonable doubt as to one or more of these

things, it would be your duty to return a verdict of not guilty.3

History

N.C.P.I.—Crim. 217.25 (Replacement May 2024). N.C. Gen. Stat. § 14-87. Prepared by the North Carolina Conference of Superior Court Judges' Committee on Pattern Jury Instructions, assisted by the UNC School of Government; published by the School of Government.

Provenance

Source
sog.unc.edu
Retrieved
2026-09-24
Edition
2026-09-24
Content hash
77ac1b05e475abe11dec6299caa8b9367639da8036e2f9e40fef465a5b001a86
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