Facts

The appellant [X.] was convicted by the Jury Court of the Canton of Zurich on April 3, 2008, among other things, of attempted aggravated assault and multiple thefts. He filed a criminal appeal against this judgment and the decision of the Cassation Court of the Canton of Zurich of October 21, 2010. The appellant is alleged to have stabbed the victim [Y.] in the upper body with a knife on December 6, 2006, after he had previously snatched back 400 francs that he had given to the victim for the purchase of 5 grams of cocaine. He was also charged with a burglary theft from a vehicle on July 4, 2006.

Considerations

The Federal Court partially annuls the judgment of the Jury Court. It denies the theft allegation for the incident of December 6, 2006, as the cocaine transaction between the parties was void and the appellant thus remained the owner of the money handed over. Therefore, he did not commit theft when he took the money back. Otherwise, the Federal Court dismisses the appeal, as it considers the denial of a…