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State v. Curtis

Vermont Supreme Court

603 A.2d 356 (1991)

Relevant factsFree

During the off-season, Curtis (defendant) shot at what turned out to be a deer decoy rather than a real deer. The State (plaintiff) charged him with attempting to take a wild deer out of season, and a jury convicted him; Curtis appealed, arguing he could not be guilty of attempt because it was factually impossible to kill a decoy.

IssueFree

Whether factual impossibility -- that the intended object of the crime did not actually exist as believed -- is a defense to an attempted crime.

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