State v. Wilson case brief

State v. Wilson case brief summary
346 P.2d 115 (1959)

CASE SYNOPSIS

Defendant appealed from the judgment of the Circuit Court, Multnomah County (Oregon), which upheld defendant's conviction for attempted assault with a dangerous weapon.

CASE FACTS
Defendant was found guilty of the crime of attempted assault with a dangerous weapon. Defendant had gone to his estranged wife's workplace and verbally threatened her. Thereafter, defendant returned to his car and retrieved a gun. Meanwhile, his wife had gone to another room and called the police. Upon returning to his wife's workplace, defendant found her gone. Upon leaving he was apprehended by the police.

DISCUSSION

• On appeal, defendant contended that there was no such crime as an attempted assault with a dangerous weapon because assault was an attempt within itself. 
• In its determination, the court first noted that the law recognized criminal assault as a distinct crime. 
• Since assault required the present ability to inflict physical injury, his conduct, which fell short of a present ability, yet was so advanced towards the assault, constituted attempt.

CONCLUSION
The court affirmed the judgment upholding defendant's conviction because his conduct, though falling short of a present ability to commit an assault, was still so far advanced towards committing the assault that it constituted attempt.

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