State v. Norman

CROCKETT, Justice:

(concurring, but with reservation).

I agree with the result and with what is said in the main opinion except as to that portion thereof which states that there cannot be an attempt to commit manslaughter under subsection (a) of Sec. 76-5-205. I think that under some circumstances there could properly be a conviction of an attempt to “recklessly cause the death of another.” If reckless conduct is intentionally directed toward a person (or persons), in such a manner as death would be a natural consequence, but that consequence does not result because of some fortuitous circumstance, the latter fact should not protect the actor from being convicted of attempted manslaughter. He has attempted to do everything required to constitute that crime; and only through the fortuitous circumstance does the crime fall short of completion. Thus his actions could be found to be an attempt to commit the crime.