| 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. |
| Dicta: | |