Ross v. Mississippi
601 So. 2d 872 (1992)
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Rule of Law:
To be convicted of an attempt crime, the defendant's failure to complete the offense must be due to extraneous causes, not their own voluntary abandonment. A defendant's decision to cease a criminal act prompted solely by a victim's verbal pleas, without physical resistance or external intervention, constitutes voluntary abandonment and negates the crime of attempt.
Facts:
- Sammy Joe Ross, driving a white pickup truck, knocked on Dorothy Henley's trailer door asking for directions.
- After Henley gave him directions, Ross pointed a handgun at her as she turned to go back inside.
- Ross forced Henley into her home, shoved her onto a couch, and repeatedly ordered her to undress, at one point threatening to kill her.
- Henley began crying and told Ross that her young daughter would be home from school soon and that she was all her daughter had since her father was dead.
- In response, Ross stated that if she had a little girl, he would not do anything to her.
- Ross then instructed Henley to walk outside and turn her back to the road until he was gone, which she did, and he departed without further incident.
Procedural Posture:
- A Union County grand jury indicted Sammy Joe Ross for attempted rape.
- Ross entered a plea of not guilty in the Circuit Court of Union County.
- Following a trial, a jury found Ross guilty of attempted rape.
- The trial court sentenced Ross to a ten-year term of imprisonment.
- Ross filed a motion for a judgment notwithstanding the verdict or for a new trial, which the trial court denied.
- Ross (appellant) appealed the conviction to the Supreme Court of Mississippi, where the State of Mississippi was the appellee.
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Issue:
Does a defendant's decision to cease an assault due to a victim's verbal persuasion, without any physical resistance or external intervention, constitute voluntary abandonment which negates the crime of attempted rape?
Opinions:
Majority - Justice Prather
Yes. A defendant's decision to cease an assault due to a victim's verbal persuasion constitutes voluntary abandonment, which is a defense to an attempt charge. The crime of attempt requires that the failure to consummate the offense result from extraneous causes. The court reasoned that the key inquiry is subjective: why did the defendant stop? Here, the undisputed evidence showed Ross stopped not because he failed or was prevented by an external force, but because he responded sympathetically to Henley's plea about her daughter. Unlike cases where victims physically resisted or sounded an alarm, Henley successfully persuaded Ross to abandon his attempt of his own free will. Therefore, the evidence was insufficient to support a conviction for attempted rape, as it clearly demonstrated voluntary abandonment.
Analysis:
This decision significantly clarifies the voluntary abandonment defense for attempt crimes in Mississippi. It establishes that a defendant's internal change of mind, even if prompted by a victim's emotional or persuasive pleas, can negate the crime of attempt. The ruling distinguishes such pleas from 'extraneous causes' like physical resistance or the imminent arrival of a third party, which would prevent the defense from applying. This precedent raises the evidentiary bar for prosecutors in attempt cases, requiring them to prove that the defendant's failure to complete the crime was due to external factors, not a voluntary and complete renunciation of criminal purpose.
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