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PetitionerRespondent for Hisher Statement of the Case, States as Follows Form

PetitionerRespondent for Hisher Statement of the Case, States as Follows Form

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it's often remarked that under the common law prosecutions for attempted offenses may carry a greater burden to prove a defendant's specific intent than prosecutions for completed offenses but how does that work in a state in which a statutory criminal code has replaced the common law the court in State versus mestas intentionally considered that question and provided a specific answer Clyde mestas robbed a bank and fled in a van Salt Lake City police Sergeant Cecil Throckmorton positioned his car to block the van then tried to disable the van by firing once into its front mestas drove past Throckmorton then leaned out the van's window pointed a pistol at Throckmorton and fired once mestas missed throck Morton then drove away shortly thereafter mestas crashed into a parked car mestas was charged with attempted first-degree murder the jury found mestas guilty but the trial court then dismissed the charge the prosecution appealed to the Utah Supreme Court

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