Facts
- Sammy Joe Ross went to Dorothy Henley’s home, asked for directions, then produced a handgun and ordered her back inside.
- Ross forced Henley onto a couch and repeatedly ordered her to undress, threatening to kill her if she did not comply.
- Henley, crying and frightened, pleaded that she had a seven-year-old daughter who would soon be home and that Henley was the child’s only parent.
- Ross stated that if she had a little girl he would not do anything, told her to go outside and keep her back turned until he left, and then departed.
- Henley did not physically resist, raise an alarm, or obtain third-party assistance during the incident.
- Ross was charged and convicted in the Circuit Court of Union County, Mississippi, of attempted rape and sentenced to ten years.
- Ross sought a directed verdict and judgment notwithstanding the verdict based on abandonment; the trial court denied relief, and he appealed.
Issues
- Whether Ross’s conduct constituted an attempt to commit rape under Mississippi law.
- Whether Ross’s retreat, prompted by the victim’s verbal plea and without physical resistance or external intervention, amounted to voluntary abandonment that negated attempt liability.
Decision
- The Supreme Court of Mississippi reversed the conviction and rendered judgment for Ross.
- The court held that Ross voluntarily abandoned his attempt.
- Because no outside force, physical resistance, or independent intervening cause prevented completion, the abandonment barred liability for attempted rape on these facts.
Legal Principles
- Attempt requires an overt act toward commission of the crime that displays the requisite intent and goes beyond mere preparation.
- Voluntary abandonment (renunciation) can negate attempt liability when the defendant changes his mind and withdraws without external intervention, physical resistance, or other independent cause preventing completion.
- A victim’s verbal urging, without more, may support a finding of voluntary abandonment when it leads the defendant to freely desist rather than fail due to outside prevention.
Conclusion
The court set aside Ross’s attempted-rape conviction because the evidence showed a voluntary, uncoerced decision to stop after the victim’s verbal plea, and the crime was not left uncompleted due to outside prevention or physical resistance.