PEOPLE V. BOWEN and ROUSE
158 N.W. 2d 794 (1968)
NATURE OF THE CASE: This case involves the overt act requirement in an attempt case.
Generally, an overt act by the defendant, along with the intent to commit the crime, is
required in order to obtain a conviction on attempt.
FACTS: On January 19, 1965, Bowen (D) and Rose (D) along with two female companions were
admitted into the home of Matilda Gatzmeyer. The two female companions distracted Miss
Gatzmeyer while the Ds went to the rear of the house and entered her bedroom without her
permission. A neighbor saw the car of the Ds, became suspicious and called the police. Ds
were arrested on the charge of attempted larceny. A witness testified that jewelry was found
on the staircase where defendant Bowen had been standing. In addition, Miss Gatzmeyer
testified that Ds removed the jewelry from her bedroom without her consent. Ds were
convicted but appeal claiming that the court had not instructed the jury that an overt act
was required in order to get a conviction of attempt.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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