THACKER v. COMMONWEALTH 134 Va. 767,114 S.E. 504 (1922). CASE BRIEF

THACKER V. COMMONWEALTH

134 Va. 767,114 S.E. 504 (1922)

NATURE OF THE CASE: This was an appeal of a conviction for attempted murder.

FACTS: Thacker (D) and two others became intoxicated. The trio passed Mrs. Ratrie's tent when D declared, 'I am going to shoot that God-damned light out'. After being denied permission to sleep there, the three started away again and D once again proclaimed his intention to shoot the light out. D fired three shots at the tent. Two of the shots narrowly missed Mrs. Ratrie and her child D was tried for attempted murder and convicted. D appealed; he never intended to shoot anything except the light.

ISSUE:


RULE OF LAW:


HOLDING AND DECISION:


LEGAL ANALYSIS:





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