State v. Mitchell
170 Mo. 633, 71 S.W. 175 (1902)
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Rule of Law:
A person is guilty of a criminal attempt when they perform a direct act towards the commission of a crime with the specific intent to commit that crime, even if the crime is factually impossible to complete due to an extrinsic circumstance unknown to them.
Facts:
- Newton Mitchell had previously boarded with John O. Warren and his wife.
- Mitchell made inappropriate advances toward Mrs. Warren, stating she could do better and asking, 'Why couldn’t we marry if the old man was out of the way?'
- Warren had previously forbidden Mitchell from coming to his house.
- On the night of March 16, 1901, Mitchell and an accomplice were seen prowling around the Warrens' house.
- Mitchell, who was familiar with the house's layout from having lived there, knew there was a bed in a downstairs room.
- Later that night, Mitchell fired a pistol twice through the window of the downstairs room, aiming towards where he believed Warren was sleeping.
- One bullet struck the pillow on the bed in the downstairs room.
- At the time of the shooting, John O. Warren and his family had gone to sleep in an upstairs room and were not present in the room that was shot into.
Procedural Posture:
- The prosecuting attorney of Clinton County filed a two-count information in the Circuit Court of Clinton County, Missouri (the trial court), charging Newton Mitchell with attempted murder and assault with intent to kill.
- Following a trial, a jury found Mitchell guilty on the count of attempted murder but acquitted him on the count of assault with intent to kill.
- The trial court sentenced Mitchell to five years in the penitentiary based on the conviction.
- Mitchell appealed his conviction for attempted murder to the Supreme Court of Missouri.
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Issue:
Does a defendant commit the crime of attempted murder when he shoots into a room with the intent to kill a specific person, believing that person to be present, even if, unbeknownst to the defendant, the intended victim is not in that location?
Opinions:
Majority - Gantt, J.
Yes, a defendant commits attempted murder in this situation. The crime of attempt is complete when a person, with the intent to commit a crime, does an act towards its commission but fails in the perpetration. The court reasoned that the defendant's criminal intent, coupled with the overt act of shooting into the room where he believed his victim was, constitutes the offense. The fact that the victim was not actually there, a circumstance unknown to the defendant, is analogous to a pickpocket thrusting a hand into an empty pocket—the crime of attempt is still complete. The failure was due to an extrinsic cause (Warren sleeping upstairs), which does not absolve the defendant of responsibility for the attempt itself.
Analysis:
This case solidifies the legal doctrine that factual impossibility is not a defense to a criminal attempt charge in Missouri. The court's holding emphasizes that the focus in an attempt case is on the defendant's criminal intent (mens rea) and the substantial step taken to carry out that intent, rather than on the actual possibility of completing the crime. This precedent makes it easier to prosecute individuals who try to commit crimes but fail due to external circumstances they were unaware of, reinforcing that the criminal mind and action are what the law seeks to punish, regardless of a fortuitous failure.
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