State v. Geshick, 41276
| Decision Date | 16 May 1969 |
| Docket Number | No. 41276,41276 |
| Citation | 283 Minn. 380,168 N.W.2d 331 |
| Parties | STATE of Minnesota, Respondent, v. Joseph F. GESHICK, Appellant. |
| Court | Minnesota Supreme Court |
Syllabus by the Court
Judgment of conviction for attempt to commit murder in the first degree, Minn.St. 609.17, is supported by record which establishes that an act was deliberately and intentionally committed with a deadly weapon, the natural result of which would have been the victim's death. There was sufficient evidence of preparation and of substantial overt acts in the commission of the crime after preparation was made.
C. Paul Jones, Public Defender, Robert E. Oliphant, Asst. Public Defender, Minneapolis, for appellant.
Douglas M. Head, Atty. Gen., Richard H. Kyle, Sol. Gen., St. Paul, John E. MacGibbon, County Atty., Robert B. Danforth, Asst. County Atty., Elk River, for respondent.
Heard before KNUTSON, C.J., and NELSON, MURPHY, OTIS, and ROGOSHESKE, JJ.
This is an appeal from judgment of conviction and sentence for the offense of attempted first-degree murder. Defendant contends that the verdict is not supported by the evidence.
At the time of the alleged crime, May 1, 1967, both defendant, Joseph F. Geshick, and the victim, George L. Clay, were inmates at the St. Cloud Reformatory. Prior to the commission of the offense, it was observed that there was hostility between the two men. About 3 weeks earlier there had been an altercation with inconclusive results. On May 1, 1967, Clay returned to his cell after lunch. Contrary to prison rules, defendant followed and entered the cell after him. It would appear from the evidence that, as Clay stood with his back to the door getting cigarettes from his locker, defendant approached from the rear with a knife and stabbed him in the back. The evidence would indicate that Geshick removed the knife and was about to strike him again when Clay knocked it from his hand to the floor. A scuffle followed during which Clay called for help, and a prison guard promptly arrived and removed Geshick from the cell. As Geshick was being led away, he said to his victim. 'I'll get you yet.' The knife used was a prison table knife which had been honed and sharpened to a point. Friction tape had been would around the handle of the knife. The knife penetrated about 1 1/4 inches into the left side of Clay's back, severed a blood vessel, and nicked the outer surface of the left lung. The lung cavity filled with blood and collapsed, requiring 9 days of hospitalization.
Minn.St. 609.17, which deals with attempts, provides in part:
Defendant was charged...
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U.S. v. Solomon
...an overt act or an attempt to commit the intended crime, is not enough to sustain a conviction for attempt. State v. Geshick, 283 Minn. 380, 168 N.W.2d 331, 332 (1969) (citation omitted). The Advisory Committee Comment to Minnesota's attempt statute reaffirms the limits of the statute's app......
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State v. Latimer
...J.V. Rather, as discussed by the district court, appellant's attack on J.V. is analogous to the attack perpetrated in State v. Geshick, 283 Minn. 380, 168 N.W.2d 331 (1969). In Geshick, the supreme court upheld an attempted first-degree murder conviction where the defendant approached a fel......
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State v. Walker
...and intentional use of a deadly weapon, the natural result of which could well have led to the victim's death." State v. Geshick, 283 Minn. 380, 382, 168 N.W.2d 331, 332 (1969) (affirming conviction of first-degree murder where single inflicted knife wound was shallow). Premeditation may be......
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State v. Bradley
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