Hyde v. United States, 225 U.S. 347 (1912), is a United States Supreme Court criminal case interpreting attempt.[1]: 688 The court held that for an act to be a criminal attempt, it must be so near the result that the danger of its success must be very large.[1]: 688 The case is notable for Justice Oliver Wendell Holmes's formulation in the dissent that attempt is present when a defendant's conduct bears "a dangerous proximity to success."[2]
Hyde v. United States | |
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Argued October 23–24, 1911 Reargued May 3, 1912 Decided June 10, 1912 | |
Full case name | Hyde and Schneider v. United States |
Citations | 225 U.S. 347 (more) 32 S. Ct. 793; 56 L. Ed. 1114 |
Court membership | |
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Case opinions | |
Majority | McKenna, joined by White, Day, Devanter, Pitney |
Dissent | Holmes, joined by Lurton, Hughes, Lamar |
References
edit- ^ a b Criminal Law - Cases and Materials, 7th ed. 2012, Wolters Kluwer Law & Business; John Kaplan (law professor), Robert Weisberg, Guyora Binder, ISBN 978-1-4548-0698-1, [1]
- ^ "Hyde v. United States, 225 U.S. 347 (1912)". Justia. Retrieved March 20, 2024.
External links
edit- Text of Hyde v. United States, 225 U.S. 347 (1912) is available from: Justia Library of Congress