Legal Opinion · Dissent

State v. Smith

Washington Supreme Court

Decided December 13, 1990No. 56597-0Published

1DissentUtter, J.

(dissenting)—While I agree that the majority correctly states the corpus delicti rule, I cannot agree that the State provided sufficient evidence, independent of Smith's confession, to establish the corpus delicti of attempted murder.

*791Smith was charged with first degree attempted murder. In order to convict him of this crime, the State must prove that he (1) actually intended to take a life, and (2) took a substantial step toward the commission of the act. RCW 9A.28.020(1); RCW 9A.32.030(1)(a). The Court of Appeals correctly held that the corpus delicti of attempted murder is the substantial…

2Cases cited5 opinions

  1. State v. WorkmanWashington Supreme Court · 1978
  2. State v. ParkerSupreme Court of North Carolina · 1985
  3. City of Bremerton v. CorbettWashington Supreme Court · 1986
  4. Freeman v. State, Texas Court of Appeals, 1st District (Houston)1982
  5. State v. SmithCourt of Appeals of Washington · 1989

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