Facts
- John Thacker and two companions became intoxicated at a church festival in Alleghany County, Virginia, then walked along a county road late at night.
- Near a sharp curve, they encountered a tent used as a summer campsite by Mrs. J.A. Ratrie, her children, and a servant; a lighted lamp was inside the tent near the bed.
- After pistol shots were heard from the road, a man said he would “shoot that Goddamned light out,” while another voice urged him not to.
- The men approached the tent and asked to stay the night; Mrs. Ratrie refused due to lack of space, and the men initially left.
- After circling the tent, Thacker used vulgar language and returned to the road, again stating he would “shoot the light out.”
- Thacker fired three shots; two struck and passed through the tent, and one passed through the head of the bed, narrowly missing Mrs. Ratrie and a baby sleeping with her.
- Thacker testified he did not know the occupants, bore no ill will, and intended only to shoot at the light.
Issues
- What elements constitute an “attempt” under Virginia criminal law?
- Whether the evidence proved the specific intent to kill required for attempted murder when the defendant claimed he intended only to shoot out a light.
Decision
- The Supreme Court of Appeals of Virginia reversed the attempted murder conviction and remanded.
- The court held that an attempt requires both a specific intent to commit the crime and a direct, ineffectual act toward its commission.
- Although firing into an occupied tent was a dangerous overt act, the record did not sufficiently prove a specific intent to murder Mrs. Ratrie (or any person).
- The court noted the conduct could support some other criminal offense, but not attempted murder on this proof of intent.
Legal Principles
- Criminal attempt consists of (1) intent to commit the contemplated offense and (2) a direct, ineffectual act toward its commission that goes beyond preparation.
- Intent may be inferred from conduct only to the extent “realized in the act,” and may not be presumed beyond what the act itself shows.
- Use of a weapon likely to cause death does not, by itself, permit a presumption that the actor intended to murder.
- Where an offense is defined as an act combined with a particular intent, that intent must be proved as a distinct element.
Conclusion
The court reversed because attempted murder demands proof of a formed purpose to kill; extremely dangerous shooting, without sufficient evidence of that specific intent, is inadequate to sustain an attempted murder conviction.