This section contains the nature of the case and procedural background.

On January 19, 1965, Bowen (D) and Rose (D) along with two female companions were admitted into the home of Matilda Gatzmeyer. The two female companions distracted Miss Gatzmeyer while the Ds went to the rear of the house and entered her bedroom without her permission. A neighbor saw the car of the Ds, became suspicious and called the police. Ds were arrested on the charge of attempted larceny. A witness testified that jewelry was found on the staircase where defendant Bowen had been standing. In addition, Miss Gatzmeyer testified that Ds removed the jewelry from her bedroom without her consent. Ds were convicted but appeal claiming that the court had not instructed the jury that an overt act was required in order to get a conviction of attempt.

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