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BERRY v. STATE

No. 77-550-CR.

90 Wis.2d 316 (1979)

280 N.W.2d 204

BERRY, Plaintiff in error-Respondent, v. STATE, Defendant in error-Petitioner.

Supreme Court of Wisconsin.

Decided June 29, 1979.

Attorney(s) appearing for the Case

For the defendant in error the cause was submitted on the briefs of Bronson C. La Follette, attorney general, and Betty R. Brown, assistant attorney general.

For the plaintiff in error the cause was submitted on the brief of Richard L. Cates, state public defender, and Jack E. Schairer, assistant state public defender.

BEILFUSS, C.J.

The main issue in the appeal is whether a criminal defendant may properly be convicted of attempted theft upon evidence establishing a completed theft. It requires us to consider whether failure is an essential element of a criminal attempt as defined in sec. 939.32, Stats. The court of appeals determined that failure to consummate the crime was a necessary element of criminal attempt and, finding sufficient proof of a completed theft in the present...

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