State v. Coble

In State v. Coble, 351 N.C. 448, 527 S.E.2d 45 (2000), our Supreme Court addressed the issue of whether the offense of attempted second-degree murder existed in North Carolina. The Court held that no such offense existed. Id. at 453, 527 S.E.2d at 49. The Court began by reaffirming the principle that a specific intent to kill is required for first-degree murder but not for second-degree murder. Id. at 450, 527 S.E.2d at 47. The Court then took it one step further. It rejected this Court's proposition that there are two types of second-degree murder: one without an intent to kill and one with an intent to kill but without premeditation and deliberation. Id. In so doing, the Court necessarily concluded that, not only is an intent to kill not required for second-degree murder, it cannot exist in second-degree murder. Coble, 351 N.C. at 450-51, 527 S.E.2d at 47-48. Next, the Court reiterated that an attempted crime requires the specific intent to carry out that crime. Id. at 451, 527 S.E.2d at 48. This led the Court to conclude that, because attempt requires an intent to commit the underlying offense and because the offense of second-degree murder does not involve an intent to kill, the crime of attempted second-degree murder is a logical impossibility. Id. Specifically, the Court stated, "It is logically impossible, therefore, for a person to specifically intend to commit a form of murder which does not have, as an element, specific intent to kill." Id.