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STATE v. GUFFEY 262 S.W.2d 152 (Mo.Ct.App. 1953). Case Brief. STATE v. GUFFEY. PURPOSE: Guffey discusses the crime of attempt. . STATE v. GUFFEY. CAUSE OF ACTION: Crime and attempted crime of “pursuit and taking of wildlife” under Missouri statutes and conservation regulations.
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STATE v. GUFFEY262 S.W.2d 152 (Mo.Ct.App. 1953) Case Brief Copyright 2007 Thomson Delmar Learning. All Rights Reserved.
STATE v. GUFFEY • PURPOSE: Guffey discusses the crime of attempt. Copyright 2007 Thomson Delmar Learning. All Rights Reserved.
STATE v. GUFFEY • CAUSE OF ACTION: Crime and attempted crime of “pursuit and taking of wildlife” under Missouri statutes and conservation regulations. Copyright 2007 Thomson Delmar Learning. All Rights Reserved.
STATE v. GUFFEY • FACTS: Missouri Conservation agents set up a stuffed deer hidden in a field 50 yards from roadside then lay in wait for poachers. Defendants drove by with a spotlight and noticed the “deer,” the car stopped, followed by a shotgun blast. Defendants were arrested, and despite their testimony that they were out frog-hunting and shot at the “deer” thinking it was a wolf, were convicted of the misdemeanor of pursuit and taking of wildlife. Copyright 2007 Thomson Delmar Learning. All Rights Reserved.
STATE v. GUFFEY • ISSUES: • 1. Whether defendants’ acts constituted “pursuit” under the regulations. • 2. Whether defendants’ acts constituted attempted pursuit and taking of wildlife. Copyright 2007 Thomson Delmar Learning. All Rights Reserved.
STATE v. GUFFEY • HOLDING: • 1. No. • 2. No. Copyright 2007 Thomson Delmar Learning. All Rights Reserved.
STATE v. GUFFEY • REASONING: • 1. If there was any “pursuit” it was of a dummy, not a deer. • 2. It is not a crime to attempt to do that which it is legally impossible to do. Copyright 2007 Thomson Delmar Learning. All Rights Reserved.
