State v. Lyerla

State v. Lyerla, Supreme Court of South Dakota, 424 N.W.2d 908 (1988), is a criminal case in which it was found that an attempt to commit a crime with an element of recklessness is a logical impossibility; specifically that attempted second degree murder is logically impossible.[1]:671-675

Lyerla randomly shot into a truck three times after being goaded by the driver of the truck.[1]:671-675 One shot killed the driver and the others did not hit the driver or either of two passengers.[1]:671-675

Lyerla was convicted of second degree murder for killing the driver.[1]:671-675 Lyerla was convicted on two counts of attempted second degree murder of each passenger.[1]:671-675

Lyerla appealed on the ground that it is a logical impossibility to attempt second degree murder, since attempt requires specific intent and recklessness implies lack of such intent.[1]:671-675 Implied in the jury finding of second degree murder, rather than first degree murder which was also sought, was lack of specific intent to kill anyone in the truck, but rather a reckless disregard for their life.[1]:671-675

The court agreed with Lyerla and reversed the conviction.[1]:671-675 The court wrote:

"In order to attempt to commit a crime, there must exist in the mind of the perpetrator the specific intent to commit the acts constituting the offence. To attempt second degree murder one must intend to have a criminally reckless state of mind... [a] logical impossibility."[1]:671-675

References

  1. 1 2 3 4 5 6 7 8 9 Criminal Law - Cases and Materials, 7th ed. 2012, Wolters Kluwer Law & Business; John Kaplan, Robert Weisberg, Guyora Binder, ISBN 978-1-4548-0698-1,
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