1. Copyright 2007 Thomson Delmar Learning. All Rights Reserved. STATE v. GUFFEY 262 S.W.2d 152 (Mo.Ct.App. 1953) Case Brief

2. Copyright 2007 Thomson Delmar Learning. All Rights Reserved. STATE v. GUFFEY PURPOSE: Guffey discusses the crime of attempt.

3. Copyright 2007 Thomson Delmar Learning. All Rights Reserved. STATE v. GUFFEY CAUSE OF ACTION: Crime and attempted crime of “pursuit and taking of wildlife” under Missouri statutes and conservation regulations.

4. Copyright 2007 Thomson Delmar Learning. All Rights Reserved. STATE v. GUFFEY FACTS: Missouri Conservation agents set up a stuffed deer hidden in a field 50 yards from roadside then lay in wait for poachers. Defendants drove by with a spotlight and noticed the “deer,” the car stopped, followed by a shotgun blast. Defendants were arrested, and despite their testimony that they were out frog-hunting and shot at the “deer” thinking it was a wolf, were convicted of the misdemeanor of pursuit and taking of wildlife.

5. Copyright 2007 Thomson Delmar Learning. All Rights Reserved. STATE v. GUFFEY ISSUES: 1. Whether defendants’ acts constituted “pursuit” under the regulations. 2. Whether defendants’ acts constituted attempted pursuit and taking of wildlife.

6. Copyright 2007 Thomson Delmar Learning. All Rights Reserved. STATE v. GUFFEY HOLDING: 1. No. 2. No.

7. Copyright 2007 Thomson Delmar Learning. All Rights Reserved. STATE v. GUFFEY REASONING: 1. If there was any “pursuit” it was of a dummy, not a deer. 2. It is not a crime to attempt to do that which it is legally impossible to do.