February 19, 2016

People v. Jaffe - 22 Ill.185 N.Y. 497, 78 N.E. 169 (1906)

FACTS: Defendant received 20 yards of cloth at 25 cents a yard knowing it was stolen property.  The goods however had lost their character as stolen goods when they were offered to the defendant.

HISTORY: Defendant was convicted of an attempt to commit the crime charged in the indictment.  Appellate Division sustained.

ISSUE: Can the defendant be convicted of an attempt to commit the crime when the property to be received was not in fact stolen property?


RATIONALE: Had the purchase been completed there would have been no crime.  No matter what his motive or whatever act he performed, would not have created a successful perpetration of the crime.

DISPOSITION: Reversed and Defendant discharged.