State v Mitchell
S. Ct. Missouri, 1902
Author:- Sam Biers

Impossibility Case

Facts: Df armed himself with a revolver, went to the window of the room which he believed Warren was sleeping.  Df fired his gun at the place where he thought Warren was lying to assassinate him.  Warren was not present within that room.

Issue: Whether the evidence supports a finding that Df attempted to murder Warren?

Holding: Yes

Procedure: Convicted Dist. Ct for Attempted Murder, Affirmed. Sentence five years.

Rule: Every person who shall attempt to commit an offense prohibited by law, and in such an attempt shall do any act towards the commission of such offense, by shall fail, shall be punished herewith.

Ct Rationale: Df intended to fire the gun into the bedroom of Warren believing him to be there to effectuate murder.  The present capacity to murder if he were in the room and the failure to do so only b/c Warren retired upstairs rather than the bed df fired upon, is a perfect case of an attempt with in the meaning of the statute.

PL A: The Df fired the gun into the bed, aiming at the pillow, believing that Warren was present, and he was murdering him.

Def A: Warren was not present within the bed, by impossibility the murder could not ever occur under this set of facts.

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