Thursday, January 06, 2005
Jason provides some clarification on previous post
The ever insightful and brilliant Jason decided to take some initiative and put me in my place on my post below. Apparently in the "attempted poisoning case" in the post below it was the jury instruction that appears to have been the problem. Thanks to Jason here is the link to the actual appellate opinion. "The statutory definition of the crime of poisoning includes the attempt to poison..." As the opinion puts it "a defendent may not be convicted of the separate offense of attempt when proving an attempt would also establish the elements of the substantive crime." Jason may want to correct me here but basically this seems to be comparable to comitting murder successfully but having a charge of attempted murder on the list of charges against you. I might also add that Jason is over on the blogroll under A Random Walk and should be checked out on a fairly regular basis so that we can keep him from turning to the dark side and stopping his entertaining posts.