Archive for August, 2017

Attempt

Saturday, August 19th, 2017

“A person is guilty of attempt when, ‘with the purpose of committing the offense, a person performs any act which is a substantial step towards the commission of the offense’. Section 564.011.1.  To act with purpose means that it is the actor’s ‘conscious object to engage in that conduct or to cause that result.’ Section 564.016.2.  A substantial step is  conduct that is ‘strongly corroborative of the firmness of the actor’s purpose to complete the commission of the offense.’ Section 564.011.1.  A defendant’s actions do not have to be the final step in the completion of the attempted crime.  State v. Davis, 422 S.W.3d 458, 461 (Mo. App. E.D. 2014).  Any conduct demonstrating a firmness of intent to complete the crime is sufficient to prove attempt.  State v. Kusgen, 178 S.W.3d 595, 599 (Mo. App. W.D. 2005).  In Missouri, abandonment is generally not a defense to attempt.  State v. Rollins, 321 S.W.3d 353, 360 (Mo. App. E.D. 2010).”

 

State of Missouri v. Emanshwa Prince, ED104539 & 104606, filed August 15, 2017.