Court: |
Wisconsin Supreme Court |
|
Facts: |
Berry tried to steal a leather coat from Rupert Cornelius. Arguably,
he did so (i.e. fulfilled the elements of theft), but he was
charged with attempt. |
|
Posture: |
Guilty at trial. Reversed on appeal because failure was deemed
essential to attempt. State appeals. |
|
Issue: |
If the attempt is a success, can one be charged with attempt? |
|
Holding: |
Yes. |
|
Rule: |
Attempt is intent + act in furtherance. Failure is not an
element. The failure stuff must just be about distinguishing
between preparation and overt acts. |
|
Reasoning: |
You can't let someone go free because they are guilty. |
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Dicta: |
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