State v. Christensen

Raymond J. Christensen was found guilty by a jury of the crime of attempted kidnaping. He thereupon interposed a motion in arrest of judgment and for dismissal of the action. The motion was granted by the trial court for the reason that the state failed to prove an essential element of the crime charged, the commission of an overt act. The state appeals.

A single issue is raised by appellant’s assignments of error: whether the respondent committed an overt act. The rule is clear in this state that for a defendant to be con victed of an attempt to commit a crime, two essential elements must be…