State v. Hunt

PUDLOWSKI, Presiding Judge.

The central issue on this appeal is one of first impression: whether the defendant can be convicted of attempting to receive stolen property over $150.00 in value in violation of § 564.011, RSMo 1978, despite the fact that the property in question had never been stolen. We hold that factual impossibility does not preclude a conviction for attempt to receive stolen property under § 564.011, RSMo 1978. We accordingly affirm the decision of the trial court.

The facts are as follows:

On October 29, 1980, members of the St. Louis Metropolitan Police Department purchased…