An act which does not fully
accomplish the prohibited result may be made wrongful by evidence
that but for some interference it would have been followed by
other acts co-ordinated with it to produce that result. This can
only be shown by showing intent. In theft the intent to deprive
the owner of his property establishes that the thief would have
retained, or would not have taken steps to restore, the stolen
goods. Nor would it matter that the thief afterwards changed his
mind and returned the goods. From the point of view of attempt,
the crime was already complete when the property was carried off.
It may be objected to this view, that, if intent is only a
makeshift which from a practical necessity takes the place of
actual deprivation, it ought not to be required where the actual
deprivation is wholly accomplished, provided the same criminal
act produces the whole effect. Suppose, for instance, that by one
and the same motion a man seizes and backs another's horse over a
precipice. The whole evil which the law seeks to prevent is the
natural and manifestly [73] certain consequence of the act under
the known circumstances. In such a case, if the law of larceny is
consistent with the theories here maintained, the act should be
passed upon according to its tendency, and the actual intent of
the wrong-doer not in any way considered.
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