State v. Cass
| Decision Date | 15 February 1928 |
| Docket Number | 20821. |
| Citation | 264 P. 7,146 Wash. 585 |
| Parties | STATE v. CASS. |
| Court | Washington Supreme Court |
Department 1.
Appeal from Superior Court, Pierce County; Remann, Judge.
Leonard E. Cass was convicted of attempted burglary, and he appeals. Affirmed.
Lloyd & Croteau, of Tacoma, for appellant.
Bertil E. Johnson, and Edward Hofstede, both of Tacoma, for the State.
The defendant was tried and covicted of the crime of attempted burglary. The facts, as disclosed by the record, show that some time between 11 and 12 o'clock on the night of the 25th of August, 1926, the defendant went to an apartment house on South Ninth street in the city of Tacoma; that he went to the door of the apartment of the complaining witness took hold of the door knob, turned the knob, rattled it a little, and attempted to open the door by pushing. The occupant of the apartment, hearing him, sprang from his bed seized a revolver, went out into the hall and brought the defendant into his apartment, and there held him until the police officers could be notified. The testimony shows that the defendant threw some articles out of a window, which were afterwards recovered by the police and introduced in evidence. There was also introduced in evidence a pass-key, which the testimony seems to indicate was in the possession of the defendant at the time he entered the building, and there ws also taken from his automobile in which he drove to the premises in question certain tools which the police officers testified were commonly used by burglars.
The assignments of error all deal generally with the introduction in evidence of the tools and implements taken from the defendant's car, and those which it is claimed he had with him on entering the premises.
Our statute is as follows:
'An act done with intent to commit a crime, and tending but failing to accomplish it, is an attempt to commit that crime.'
Two things are necessary: First, a criminal intent; and, second some form of overt act. We think that it is self-evident that the working tools, skeleton keys, flashlight, and others of like character, whether in the immediate possession of the defendant or still remaining in the automobile in which he drove to the premises in question, tended more strongly than any other single thing to show intent, and were clearly admissible in evidence for that purpose. Indeed, the court instructed the...
To continue reading
Request your trial
-
State v. Grenz, 29822.
...that there was no overt act tending to accomplish the commission of either of these offenses. See Rem.Rev.Stat. § 2264; State v. Cass, 146 Wash. 585, 264 P. 7. such was not the charge in this case. The laws relating to criminal attempts do not properly apply to the vagrancy statutes of whic......
-
State v. Christensen, 34983
...to commit a crime, two essential elements must be established, (1) criminal intent, and (2) some form of overt act. State v. Cass, 1928, 146 Wash. 585, 264 P. 7; State v. Awde, 1929, 154 Wash. 463, 282 P. 908; State v. Leach, 1950, 36 Wash.2d 641, 219 P.2d 972, In State v. Leach, we said: '......
-
State v. Walters
...entered the Queensborough Apartments with the intent of committing a crime therein. The following quotation from State v. Cass, 1928, 146 Wash. 585, 264 P. 7, is directly in point '* * * We think that it is self-evident that the working tools, skeleton keys, flash light, and others of like ......
-
State v. Leach
... ... year.' ... The acts testified ... to did not constitute the crime of carnal knowledge. Our sole ... inquiry, therefore, is whether or not the facts established ... the crime of attempted carnal knowledge. In State v ... Cass, 146 Wash. 585, 264 P. 7, we stated that an attempt ... to commit a crime consisted of two elements: first, a ... criminal intent; and second, some form of overt act. A more ... comprehensive definition of the elements of an attempt is set ... forth in 14 Am.Jur. 813, ... ...
-
The Doctrine of Lesser Included Offenses
...for Thoughts, in On Guilt and Innocence 22-23 (1976). 94. State v. Dupuy, 4 Wash. App. 532, 482 P.2d 794 (1971). 95. State v. Cass, 146 Wash. 585, 264 P. 7 96. Wash. Rev. Code § 9A.32.050(1) (1989) provides that "[a] person is guilty of murder in the second degree when . . . [w]ith intent t......