Commonwealth v. Puretta

Citations

• 74 Pa. Super. 463
• 1920 Pa. Super. LEXIS 176

Syllabus

<p>Criminal law — Arson—Intent—Attempt.</p> <p>An attempt, in general, is an overt act done in pursuance of an intent to do a specific thing, tending to the end but falling short of the complete accomplishment of it. In law, the definition must have this further qualification, that the overt act must be sufficiently proximate to the intended crime, to form one of the natural series of acts which the intent requires for its full execution.</p> <p>On the trial of an indictment for arson, the evidence tended to show that the accused had placed a barrel containing gasoline standing on one end, with a hole in the end next to the floor, from which a large quantity of its contents had run out and spread over and saturated through the floor into the cellar below. The oil or gasoline spread over the floor saturating sacks of flour and the wall several inches above the floor. Three large wooden uncovered buckets filled with gasoline were placed at different points on the floor, draped with several yards of cut paper running from the top of each bucket to the other with parts of it in the gasoline. Several feet of fuse were hung over the edges of the buckets of gasoline with the one end in the gasoline and the other hanging out over the sides of the buckets, around which were tied bunches of loose unignited matches. Another fuse ran from the top of a set of scales down into a bucket of gasoline or oil standing on the floor beneath. Under such circumstances, the evidence must be presumed to have shown acts done in execution of a purpose sufficiently proximate to justify the trial judge in submitting to the jury, the question of an attempt at arson, and a conviction will be sustained.</p>