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Thacker v. Commonwealth | 114 S.E. 504 (1922)

The notion that the prosecution bears a greater burden of proving a defendant’s intent in an attempt than in a completed criminal act seems confusing. Yet that’s often the case. The court in Thacker versus Commonwealth explains why this is.

John Thacker and two other men attended a church festival, where all three got drunk. They left and walked down a road. They came across the Ratrie family camping in a tent. Mister Ratrie wasn’t there but was expected back that evening. So, when Missus Ratrie went to bed, she left a lit lamp on a trunk by the head of her bed.

The three men appeared at the tent’s open flaps and asked Missus Ratrie if she could take care of them for the night. She responded that she had no room for them. The men then walked away. Thacker, still intoxicated, cursed and said he was going to shoot the light out. He fired three shots from his pistol, two of which entered the tent. One hit the head of the bed, narrowly missing Missus Ratrie and the baby sleeping next to her. Thacker later claimed that he shot at the light and didn’t intend to hurt anyone. He also testified that he wouldn’t have shot if he’d been sober.

Thacker was charged with and convicted of attempted murder. The Virginia Supreme Court of Appeals granted him a writ of error.

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