Cheyenne Taylor
State v. Damms
100 N.W.2d 592 (Wis. 1960)
History
Ralph’s wife, Marjory, had instituted an action for a divorce with them both living
apart.
Marjory was also estranged from her mother, Mrs. Laura Grant.
On April 6, 1959 Ralph took his car around 8am to the bus stop that he knew his
wife would be at to head to work.
Ralph stated that Marjory’s mother was ill and dying to get her into his car and
they headed to her mother’s house where Marjory found that her mother was not
seriously ill, but they stayed for a few hours talking and drinking coffee.
He did this to try to get Marjory and her mother on good terms to then try to get
him and Marjory on good terms, but that did not happen.
He then insisted on taking her to work, but instead went the opposite direction and
started to talk about ‘judgement day’ at which point he pulled out the pistol and
pointed it at Marjory’s side after she had stepped out of the car.
Once she had gotten him calmed down, they headed back to her mother’s house
and then left again with Ralph taking Marjory north ‘for a few days’.
As they approached a restaurant Ralph asked if Marjory was hungry to which she
said no but she would have some coffee since she only had a few dollars.
Ralph asked to see her checkbook but she refused to give it to him which then led
to an argument and Marjory got out of the car and started to run around the
restaurant yelling for help while Ralph chased after her with the gun.
Two officers that were eating lunch heard the cry and went out either side of the
restaurant to stop Ralph who had the gun point at Marjory’s head who was lying
on the ground after slipping and falling.
Ralph fired the gun, but nothing happened because the gun was unloaded and the
magazine and bullets were still in the box in the car.
The two officers arrested Ralph.
Issue
The question that was posed in this case was if the unloaded gun was a “stroke of
luck”?
Rule
The rule that was used in this case was the section 939.32(2), Stats., that provides
as follows: an attempt to commit a crime requires that the actor have an intent to
perform acts and attain a result of which, if accomplished, would constitute such
crime and that he does acts toward the commission of the crime which
Cheyenne Taylor
demonstrates unequivocally, under all the circumstances, that he formed that
intent and would commit the crime except for the intervention of another person
of some other extraneous factor.
Analysis
The court believed that the impossibility of accomplishment due to the gun being
unloaded fell within the statutory words “except for the intervention of some other
extraneous factor”.
They also concluded that the fact that the gun was unloaded when Damms pointed
it at his wife’s head and pulled the trigger did not absolve him of the offense
charged, if he actually thought at the time that it was loaded.
Conclusion
Ralph Damms was charged by information with the offense of attempt to commit
murder in the first degree.
The jury found the defendant guilty as charged, and the defendants was sentenced
to imprisonment in state prison for a term of not more than ten years.
Damms appealed to the Wisconsin Supreme Court.
The Wisconsin Supreme Court affirmed the conviction.
