State v. Bean

(concurring specialty)-

Although I concur in the majority opinion, because of my concern for the validity of the conviction of the defendant for attempted murder under SDCL 22-4-1, I wish to clarify my position on the subject.

SDCL 22-4-1 provides that:

“Every person who attempts to commit any crime and in such attempt does any act toward the commission of such crime, but fails or is prevented or intercepted in the perpetration thereof, is punishable where no provision is made by law for the punishment of such attempt, as follows * * (emphasis added)

A similar attempt statute was held…