State v Blechman
N. Jersey S. Ct. 1946
Author:- Sam Biers

Facts: Df counseled another to set fire to a dwelling house.  The burning of the house never occurred.

Issue: Whether to sustain a conviction for solicitation the act counseled needs to be accomplished?

Holding: No

Procedure: Indicted and convicted for criminal solicitation of another to commit arson. Affirmed.

Rule: The counseling or solicitation of another to set fire to or burn any insured building, ship or vessel with intent to prejudice or defraud the insurer.  The crime itself need not be committed.

Ct Rationale: The solicitation itself is the act done toward the execution of the evil intent.  An act done with criminal intent is punishable.  Solicitation is not an attempt b/c an attempt requires both an act and intent with substantial step toward the commission of the act, while the solicitation itself is the act of counseling another to perform a felony or misdemeanor, regardless whether the felony or misdemeanor is committed.  

PL A: The Df did counsel, incite, or solicit another to commit arson and it is the act the Df committed with the intent that the other would commit.

Def A: The crime was never committed therefor it was an unsuccessful attempt.

Solicitation and conspiracy are different, a solicitation does not require agreement. The actus reus are different in each offense.

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