Booth v. State (Court of Crim Appeals of OK, 1964) Facts: Charley Stanford stole a topcoat out of a car and called John Fletcher Booth (defendant), telling Booth that he had the coat Booth wanted and Booth could have it for $20. Stanford set up a meeting with Booth, but was soon after arrested when he was spotted wearing the coat. Stanford agreed to assist the police in apprehending Booth by not telling Booth about the arrest and meeting him in Stanford's house as planned. The police hid in Stanford's closet when Booth came over and after Stanford informed Booth that the coat was stolen, Booth said that that was fine and bought the coat. Soon after, the police arrested Booth and charged him with receipt of stolen property. Procedural History: The District Court of Oklahoma County found Booth not guilty of receipt of stolen property because where stolen goods have been recovered by the owner or police, they are no longer considered stolen. Therefore, when they are brought to a defendant with the intent of entrapping him, the defendant cannot be guilty of receipt of stolen goods. However, the District Court of Oklahoma County did find Booth guilty of attempted receipt of stolen property. : Booth appealed.
Issue: Once the police have recovered stolen goods, can a defendant be found guilty of attempted receipt of stolen goods?
Rule: Once the original owner or the police have recovered stolen goods, they are no longer considered stolen; hence, a defendant cannot be found guilty of receipt or stolen goods or attempted receipt of stolen goods.
It is generally held that a D may be charged with an attempt of "physical or factual" impossibility, whereas a "legal impossibility" in the completion of the crime precludes prosecution for an attempt.
A legal impossibility occurs where the act if completed would not be criminal. A factual impossibility occurs where the basic or substantive crime is impossible of completion because of some physical or factual condition unknown to the D.
Where there is a legal impossibility of completing the substantive crime, the accused cannot be successfully charged with an attempt. Where there is a factual impossibility involved, the accused may be convicted of an attempt.
If all which the accused person intended would it have been done would have constituted no substantive crime, it cannot be a crime under the name "attempt" to do, with the same purpose, a part of this thing.
It is fundamental that a man is not merely punished for a criminal mind, he must also have done a forbidden criminal act.
Holding: No. Once the police have recovered stolen goods, a defendant can no longer be found guilty for attempted receipt of stolen goods, as they are no longer considered stolen.
Reasoning: The crime would be considered a legal impossibility. Because the coat was not considered stolen once the police recovered it from Stanford, they cannot convict Defendant for receipt of stolen goods or attempted receipt of stolen goods.
Disposit