State v. Berry

YEAR

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: