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Commonwealth v. Henley

Supreme Court of Pennsylvania

474 A.2d 1115 (1984)

Relevant factsFree

An informant told Henley (defendant) that five gold chains, actually provided by police, were stolen, and Henley agreed to buy them believing they were stolen; charged with attempted theft by receiving stolen property, Henley successfully demurred at trial on the theory that because the chains were never actually stolen (the police already possessed them), he couldn't be convicted of attempting to receive stolen property that wasn't in fact stolen, but the superior court reversed.

IssueFree

Whether legal or factual impossibility may be a defense to an attempted crime.

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