Criminal Law

Brief

State v. Davis

Procedural History:

• Convicted of attempted murder in the first degree.
• Appealed.
• Reversed.

Facts:

• Defendant planned with Mrs. Lourie to have her husband killed so they could collect the insurance money and be together.
• Defendant sought the help of Leverton in getting an ex-convict to do the job.
• Defendant paid Dill $600 to carry out the plans.
• Dill appeared at the Laurie home but at this point revealed his identity, and then went to the defendant home and made an arrest.

Issue:

• Were the acts by the defendant merely acts of preparation?

Holding:

• Yes. Reversed.

Reasoning:

• There was no more than a verbal arrangement with Dill and a partial payment.
• The court felt these things were mere acts of preparation, failing to lead directly or proximately to the consummation of the intended crime.
• Also, Dill had no intention of carrying out the expressed purpose of the defendant.