Court: |
Wisconsin Court of Appeals |
|
Facts: |
Hamiel and friends start to rob a pharmacy. There's a cop
car in the neighborhood. And the manager was there. |
|
Posture: |
Motion to dismiss because the state didn't prove the
intervention of some extraneous factor. Convicted at
trial, and also appeals about insufficiency of the
evidence at the preliminary hearing. |
|
Issue: |
Does the state have to prove what caused the abandonment?
Was the evidence sufficient? |
|
Holding: |
No. Yes. |
|
Rule: |
There's no need to distinguish between causes, as long
as it's shown beyond reasonable doubt that the defendant
didn't voluntarity withdraw. |
|
Reasoning: |
The owner or the squad car could either have scared him off,
and there was plenty of evidence to support the theory
that there was about to be a robbery. |
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Dicta: |
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