| Court: | South Dakota court of appeals |
| Facts: | Judge agreed to help two friends break out of jail. They gave him money, and he purchased hacksaw blades and candy bars. He hid the blades in the candy wrappers, and hid the package under the wheel of a truck. |
| Posture: | Guilty at trial, appeal on the sufficiency of the evidence. |
| Issue: | Was there enough evidence to find him guilty of attempt? |
| Holding: | There sure was. Affirmed. |
| Rule: | Attempt requires more than mere intention or preparation. There must be manifest acts which would result in accomplishment, but for some intervening factor independant of the attempter's will. |
| Reasoning: | We had that here: he intended to commit a crime, took acts in furtherance of it, and he might have succeeded, had he not been detected. |
| Dicta: | |