State v. Peterson
Minnesota Supreme Court
4 N.W.2d 826 (1942)
Relevant factsFree
While hospitalized, Peterson (defendant) instructed August Anderson to burn down her house, but before Anderson acted, Peterson had a third person, Carlson, relay to Anderson that she had changed her mind and no longer wanted the fire set; Anderson set the fire anyway despite receiving that message. Peterson was convicted of arson, a felony (not conspiracy, a separate and lesser misdemeanor offense), and appealed, arguing she had abandoned her intent before the crime was actually committed.
IssueFree
Whether a person who has requested another to commit a crime may withdraw before the completed act, and avoid criminal responsibility, by communicating the withdrawal to the person instructed to commit the crime.