State v. Schleifer
99 Conn. 432, 121 A. 805 (1923)
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Rule of Law:
The solicitation to commit a crime is a punishable common law offense in every instance where an attempt to commit the same offense would be a crime, regardless of whether the solicited crime is a felony or misdemeanor.
Facts:
- During a railroad strike involving the New Haven road, the accused delivered an oral address to a large assembly of people.
- In his speech, the accused urged the audience to use violence against non-striking workers, referred to as 'scabs'.
- The accused specifically encouraged acts such as breaking foremen's windows, hitting workers with lead pipes, and murdering some of them ('bump off a few').
- He also advised the audience on how to sabotage railroad property, including derailing cars and putting sand or emery in the journal boxes of engines.
- The accused's stated purpose was to disrupt the railroad's operations and intimidate the company and its employees.
Procedural Posture:
- The State filed an information in the trial court charging the accused with solicitation to commit multiple felonies and other crimes.
- The accused filed a motion to quash the information, arguing that his words did not constitute a crime at common law.
- The trial court granted the accused's motion to quash, finding that the alleged acts did not fall within the common law crime of solicitation.
- The State appealed the trial court's decision to the Supreme Court of Errors of Connecticut.
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Issue:
Is the solicitation of a large, unnamed group of people to commit felonies and other serious crimes a punishable offense at common law, even if no specific person is solicited to commit a specific crime and no resulting crime is committed or attempted?
Opinions:
Majority - Wheeler, C. J.
Yes. The solicitation of a group to commit felonies and other serious crimes is a punishable common law offense. The court held that solicitation is a distinct inchoate crime, separate from criminal attempt, and does not require the solicited crime to actually be committed. The court rejected the trial court's reasoning that a solicitation must be directed at a specific individual to accomplish a particular act. Citing precedent like State v. Avery, the court affirmed that the solicitation itself is the criminal act. It further held that addressing a large crowd is legally equivalent to addressing each individual present. The court established a broad, clear rule that solicitation to commit a crime is punishable in every instance where an attempt to commit the same offense would be a crime, finding this necessary for public safety and more practical than distinguishing between felonies and misdemeanors.
Analysis:
This decision formally establishes solicitation as a distinct common law crime in Connecticut, separate from the crime of attempt. It clarifies that the offense is complete upon the incitement itself, regardless of the audience's reaction. The case significantly broadens the scope of the offense by holding that a general solicitation to an unnamed crowd is as culpable as one made to a specific individual. By setting the standard for punishable solicitation as coextensive with that for punishable attempts, the court created a clear and comprehensive rule that strengthens the state's ability to prosecute inflammatory speech that incites crime before any physical harm occurs.
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