Brief Fact Summary. Defendants were charged with attempted larceny after being arrested in the house of the intended victim. Several pieces of jewelry were found hidden in the vicinity of Defendants after they were arrested.
Synopsis of Rule of Law. The function of the overt act element of the crime of attempt is to demonstrate that Defendant has converted thought to action in furtherance of the crime.
Issue. Whether, after Defendants entered Gatzmeyer’s house, there was an overt act that would support a conviction for attempted larceny.
Held. Reversed and remanded for a new trial.
The mere entry into the house did not constitute an overt act under the circumstances because Defendants were rightfully in the house by permission of the home owner.
The function of the overt act is to demonstrate that Defendant has converted thought and resolution to action in furtherance of the crime.
The overt act is not ambiguous in nature or equivocal, it must go beyond this.
As the aim of the law is not to punish sins, but is to prevent certain external results, the act done must come pretty near to accomplishing that result before the law will notice it.View Full Point of Law