 |
 |
 |
| |
|
|
Thacker v Commonwealth
S. Ct. VA, 1922
Author:- Sam Biers
Relevant Facts: df and two others were attending a church festival and became intoxicated. As they walked down the road they came upon a tent, where the victim was camping with her children and husband, the later being absent. The victim had a lamp lit near the head of her bed. The df twice claimed he was going to shoot out the light with his pistol. After the second claim he attempted to, whereas two shots entered the tent, one passing near the head of the victim and her baby.
Legal Issue(s): Whether the df had intent sufficient for a conviction of attempt to commit murder?
Court’s Holding: No
Procedure: Jury conviction for attempted murder. Reversed and remanded.
Law or Rule(s): 1- intent to commit the crime charged; and 2- a direct, ineffectual act done towards its commission. The intent is just as necessary as the act itself.
Court Rationale: Where it takes a particular intent to constitute a crime, that particular intent must be proved by either direct or circumstantial evidence, which would warrant the inference of the intent with which the act was done. The firing of the shot into the head of the victim’s bed was an act done toward the commission of the charged offense, but the evidence falls short of proving that it was fired with the intent to murder.
Plaintiff’s Argument: An assault committed with a weapon capable of and likely of producing death, is an assault to commit murder, and the ineffectual act toward that completion is attempt to commit murder.
Defendant’s Argument: Df did not intend to commit murder, or any harm whatsoever, only to shot out the light.