Booth v. State

398 P.2d 863 (Okla. 1964)

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Nature of the Case

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Facts

Stanford, whose 'rap sheet' covers 8 pages of arrests extending over a period of 15 years admitted that in the early morning hours he was walking in the parking lot and sighted a topcoat in a parked automobile. He jimmied the window and removed the coat. He eventually called D, his attorney. Stanford agreed to let him have the coat for $20.00. D was to meet him at the thief's home at approximately 11:00 A.M. Stanford was arrested by Lt. Anthony and was wearing the stolen coat. Stanford confessed getting it from the car in the YMCA parking lot. The police then got Stanford to deliver the coat to D. D was told it was 'hot.' After taking Stanford to the police station, Anthony obtained a search warrant and then maintained a surveillance of D's house until he arrived. He then entered the premises, arrested D, and again recovered the coat. D was charged with receiving stolen property. The jury was instructed that the coat was no longer stolen but that to convict D of an attempt to receive stolen property, there must be (1) The intent to commit a crime. (2) A direct ineffectual act done towards its commission. 'Preparation alone to an attempt to commit a crime is not sufficient. * * *' D was convicted of attempting to receive stolen property. D appealed: the crime of attempt cannot be based on a crime which is legally impossible to complete.