## Facts

- Herman Hall was indicted for first-degree burglary with intent to commit larceny.
- At about 1:15 a.m., a neighbor saw Hall breaking into George Williams’s residence and held him at gunpoint until police arrived.
- Hall cut the screen in the back storm door to access the inner wooden door, which was partly open but secured by a night latch.
- The neighbor saw Hall’s hand and arm inside the wooden door.
- Hall told the neighbor he was “lost.”
- After Miranda warnings, Hall told an officer he chose the house because he saw no car and assumed no one was home.
- Hall had a brake tool, pliers, a screwdriver, and a flashlight; tool marks were found on the inner door.
- The jury convicted Hall of “attempt to commit a felony” and imposed a sentence of up to four years; the intermediate appellate court affirmed.

## Issues

1. Whether circumstantial evidence was sufficient to prove Hall’s specific intent to commit larceny, as required to support a conviction for attempt to commit a felony arising from the burglary charge.

## Decision

- The Tennessee Supreme Court affirmed the conviction.
- The court held that specific intent, including intent to commit larceny, may be proven by circumstantial evidence.
- The court concluded the circumstances permitted a rational inference that Hall intended to commit larceny upon entry.

## Legal Principles

- Criminal attempt requires: (1) intent to commit a specific crime, (2) an overt act, and (3) failure to consummate the intended crime.
- Intent is rarely established by direct proof and may be inferred from circumstantial evidence.
- In Tennessee, all elements of a crime, including specific intent, may be established by circumstantial evidence.
- In burglary/attempt prosecutions, larcenous intent may be inferred from facts such as clandestine, forced entry at night, possession of burglary-type tools, and selection of a dwelling believed to be unoccupied.

## Conclusion

Because the evidence showed a nighttime forced entry attempt, possession of tools consistent with breaking and entering, and a stated reason for selecting an apparently unoccupied home, the jury could infer intent to commit larceny; the conviction for attempt to commit a felony was affirmed.


Hall v. State, 490 S.W.2d 495 (Tenn. 1973)