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State v. Davis
Supreme Court of Missouri
Defendant: Davis; the defendant was convicted of attempted murder in the first degree. The defendant and his lover, a married woman, planned to have the lover's husband killed in order to collect the insurance money. The defendant asked a person by the name of Leverton to find him a felon who can kill the husband. Leverton revealed the whole plan to an officer and the officer went undercover to pose as a felon and made a deal with the defendant to have the husband killed for $600. According to the plan, the officer went to the husband's house and there he arrested the wife and revealed his identity and also arrested the defendant. Now the defendant appeals and argues that his actions did not meet the standard of the overt act which is needed in order to establish attempt.
Issue: Did the defendant take substantial actions towards the crime to hold him liable for attempted murder?
Holding: No
Key Facts: In order to establish attempt: 1. the defendant must have the intent, 2. the defendant must take a substantial step towards the commission of the crime, 3. the defendant must fail to consummate his crime.
Legal Reasoning: The court ruled that the defendant only solicited for the commission of the crime and mere solicitation does not meet the standards of attempt. The court held that mere solicitation is only preparation for a crime which is not an attempt. The court further held that the fact that the defendant actually made a verbal agreement with the undercover officer also does not meet attempt standards because all these actions of the defendant were mere preparation for a crime. The ruling of the trial court was reversed.