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430 So. 2d 857

Docket No. 54188.

Mason v. State

Roosevelt MASON v. STATE of Mississippi.

Mississippi Supreme Court

Decided May 4, 1983.

Mississippi Supreme Court · decided 1983-05-04

Key passage — most relied on by later courts

“An attempt to commit a crime is, as a general rule, an indictable offense, which is separate and distinct from the crime itself.”

quoted by 1 later decision, including 665 So. 2d 852 - Eakes v. State

Applies MS 97 § 97-1-7

Relies on 206 So. 2d 200 - Bucklew v. State · Kimbrall v. State · Thompson v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1983-05-04

How this case has been cited

Cited by 6 later decisions — most recently December 2015

6 state decisions

301983199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1Stanfield & Holderfield, David E. Holderfield, Merrida P. Coxwell, Jr., Jackson, for appellant.

¶2Bill Allain, Atty. Gen. by Billy L. Gore, Asst. Atty. Gen., Jackson, for appellee.

¶3Before PATTERSON, C.J., and ROY NOBLE LEE and ROBERTSON, JJ.

¶4*858 PATTERSON, Chief Justice, for the Court:

¶5Roosevelt Mason was convicted of attempted armed robbery and sentenced to life imprisonment. From this judgment and sentence of the Circuit Court of the First Judicial District of Hinds County, he appeals.

¶6Mason was indicted for the offense of attempted armed robbery. The district attorney moved to amend the indictment to read "armed robbery" rather than "attempted armed robbery" during trial which was never ruled on by the court. The jury was instructed for attempted armed robbery. Mason was found guilty of attempted armed robbery and sentenced by the court for attempted armed robbery. However, the evidence produced at trial conclusively established the offense of armed robbery.

¶7An attempt to commit a crime is, as a general rule, an indictable offense, which is separate and distinct from the crime itself. Miss. Code Ann. § 97-1-7 (1972). The failure to commit the target crime is an essential element of an attempt. Bucklew v. State,206 So.2d 200 (Miss. 1968). Mississippi Code Annotated § 97-1-9 (1972), prohibits a conviction for an assault with intent to commit a crime when the target crime attempted is in fact committed.

¶8In Thompson v. State,226 Miss. 93, 95, 83 So.2d 761, 762 (1955), the defendant was convicted of assault and battery with intent to rob. The proof established the completed offense of robbery. In reversing this Court held that "Failure to consummate the crime of robbery is an essential element of proof in a prosecution under an indictment charging assault and battery with intent to rob." See also Young v. State,317 So.2d 402 (Miss. 1975); Williams v. State,178 Miss. 899, 174 So. 47 (1937); and Davis v. State,89 Miss. 21, 42 So. 542 (1907).

¶9In this case there is conclusive proof that the armed robbery was consummated. It was therefore error to prosecute and convict Mason of attempted armed robbery. Although we think the rule we are required to follow leads to absurd results and does nothing to further the cause or the appearance of justice in the instant case, we cannot disregard the mandate of § 97-1-9.

¶10The judgment below is reversed and remanded for further action by the grand jury.

¶11REVERSED AND REMANDED.

¶12WALKER and BROOM, P.J., and ROY NOBLE LEE, BOWLING, HAWKINS, DAN M. LEE, PRATHER and ROBERTSON, JJ., concur.

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