Legal Skills Friday #3 Flashcards
(7 cards)
Moffett v. State
618 P.2d 1223, 96 Nev. 822, 1980 Nev. LEXIS 717
Rule
To prove an attempt to commit a crime, the prosecution must establish (1) the intent to commit the crime (murder) (men rea); (2) performance of some act towards its commission (actus reus); and (3) failure to consummate its’ commission.
People v. Rizzo
Court of Appeals of New York, 1927
246 N.Y. 334, 158 N.E. 888
Rule
The law recognizes that many acts in the way of preparation are too remote to constitute the crime of attempt. Attempt applies to acts tending to the commission of the crime which are so near to its accomplishment that in all reasonable probability the crime itself would have been committed but for timely interference.
Young v. State
Court of Appeals of Maryland, 1985
303 Md. 298, 493 A.2d 352
Rule
A person guilty of an attempt to commit a crime, if, acting with the kind of culpability otherwise required for commission of the crime.
Thacker v. Commonwealth
134 Va. 767, 114 S.E. 504 (1922)
Rule
Attempted murder is the intent to commit it and a direct, ineffectual act done towards its commissions.
Holloway v. United States
526 U.S. 1, 119 S. Ct. 966, 143 L. Ed. 2d 1, 1999 U.S. LEXIS 1708, 67 U.S.L.W. 4148, 99 Cal. Daily Op. Service 1548, 99 Daily Journal DAR 1979, 1999 Colo. J. C.A.R. 1119, 12 Fla. L. Weekly Fed. S 134
Rule
It is a felony to carjack, in statute 18 U.S.C.S. § 2119, with the intent to cause death or serious bodily harm.
Regina v. Smith
169 Eng. Rep. 845 (1855)
Rule
The intent to murder the person at whom the defendant shot is sufficient intent to convict the defendant of murder.
Regina v. Faulkner
Court of Crown Cases Reserved Ireland
13 Cox C.C. 550 (1877)
Rule
A defendant who is in the process of committing a felony cannot be convicted for an accidental act collateral to the felony that would have been a crime if done intentionally.
