| Court: | Wisconsin Court of Appeals |
| Facts: | Kordas purchased a Harley that he thought was stolen from an undercover cop. |
| Posture: | A court commissioner ordered dismissal of the complaint, and the trial court upheld the decision that it is legally impossible to attempt to receive stolen property if the property is not stolen. |
| Issue: | Does the fact that the property was not stolen preclude the possibility of attempting to receive it as stolen goods? |
| Holding: | No. Reversed. |
| Rule: | The only elements in attempt are the intent to commit a crime, and an act in furtherance. |
| Reasoning: | Look at the language for the mistake defense: error is only exculpatory if it negates intent. And he had intent. But for the non-stolen-ness of the bike, he'd have received it stolenly. |
| Dicta: | |