The Special Court of Appeals’ arguments that Dabney could not commit attempted fourth-degree burglary is that thinking of the crime does not make you a criminal and thus, the defendant can not be convicted of a non-exsitence crime.
<h3>What is the case of Dabney v. State?</h3>
The defender "Dabney" was convicted for attempt 4th degree burglary but appealed on the grounds he did not actually commit it.
Hence, he could not be convicted of actus reus of being on the property no criminal significance in its own right absent the mens rea of an intent to commit theft.
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