· 2/14/1989
State v. Molasky
Citations
- 765 S.W.2d 597
- 1989 Mo. LEXIS 5
- 1989 WL 11368
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- discussing cases finding evidence of seriousness of purpose when defendant engaged in conduct such as “making a cash payment, delivering a weapon, visiting a crime scene, [or] waiting for a victim” in combination with conversation
- finding the statutory change to \substantial step\ \lowered the threshold needed to find the offense of attempt by shifting the emphasis away from what an actor still had to accomplish and refocusing instead upon what the actor had already done.\
- only two elements required, attempt and a substantial step, and an act “in perpetration” is no longer required
- only prisoner talk about the killings, but no further act that indicated a seriousness of purpose i.e. payment of money, providing a picture or any other corroborative action
- only prisoner talk about the killings, but no further act that indicated a seriousness of purpose i.e. payment of money, providing a picture or any other corroborative action
- Older statute with “beyond mere preparation” language imposed “a tougher test for attempt” than newer statute with “substantial step” language.
Source: CourtListener parenthetical corpus (CC0).
Judges: Welliver, Billings, Blackmar, Robertson, Higgins, Rendlen, Gaertner, Covington
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.