James Kimball, the defendant, was charged with and convicted of attempted unarmed robbery, at a bench trial conducted in early August 1979. He was sentenced to a prison term of from three to five years and appeals by leave granted. Reversed and remanded.

MAHER, J. 

There is really very little dispute as to what happened on May 21, 1979, at the Alpine Party Store near Suttons Bay, Michigan. Instead, the dispute at trial centered on whether what took place amounted to a criminal offense or merely a bad joke.

James Kimball, the defendant, went to the home of a friend, Sandra Storey, where he proceeded to consume a large amount of vodka mixed with orange juice. The defendant was still suffering from insect stings acquired the previous day so he also took a pill called “Eskaleth 300,” containing 300 milligrams of Lithium, which Storey had given him.

After about an hour, the pair each mixed a half-gallon container of their favorite drinks (vodka and orange juice, in the defendant’s case), and set off down the road in Storey’s ’74 MGB roadster. At approximately 8:15 or 8:30 in the evening, the defendant (who was driving) pulled into the parking lot of the Alpine Party Store. Although he apparently did not tell Storey why he pulled in, the defendant testified that the reason for the stop was to buy a pack of cigarettes.

Concerning events inside the store, testimony was presented by Susan Stanch field, the clerk and sole employee present at the time. She testified that the defendant came in and began talking to and whistling at the Doberman Pinscher guard dog on duty at the time. She gave him a “dirty look,” because she didn’t want him playing with the dog. The defendant then approached the cash register, where Stanch field was stationed, and demanded money. Stanch field testified that she thought the defendant was joking, and told him so, until he demanded money again in a “firmer tone.”

QUESTIONS 

1. Summarize Susan Stanch field's version and then James Kimball’s version of what happened in the Alpine Party Store. 

2. If you were a juror, which version would you believe? Explain your answer. 

3. List all the facts relevant to deciding whether Kimball specifically intended to rob the store. 

4. Did Kimball specifically intend to rob the store? Back up your answer with the relevant facts and portions of the opinion.