State v. Rowe

Defendant, found guilty by a jury of attempted second degree burglary, appeals from a judgment and sentence. He makes two contentions:

First: the evidence clearly demonstrates that the crime of burglary in the second degree, as distinguished from the charge of attempted second degree burglary, had been proved; and that “failure to consummate the crime intended” is an essential element of the crime of attempt, pursuant to RCW 9.01.070; and

Second: RCW 9.01.070 is unconstitutional because it violates the equal protection clause of the fourteenth amendment to the United States Constitution.

A. The…