Bruce v. State
COA MD - 1989
- D entered Tensor's shoe store masked and armed with a handgun. D ordered Tensor to open the cash register.
- Upon finding it empty, D demanded to know where the money was. Tensor replied that there was no money. D shot Tensor in the stomach, seriously injuring him.
- Trial court found D guilty of attempted first degree felony murder and robbery.
- MD COA reversed the murder conviction.
- Is attempted felony murder a valid crime?
- Attempted felony murder is not a valid crime because felony murder requires no specific intent to kill.
- A criminal attempt consists of a specific intent to commit the offense coupled with some overt act in furtherance of the intent which goes beyond mere preparation.
- In order for attempt to be valid, the underlying offense must be capable of being perpetrated intentionally.