Lee Gavin filed an affidavit that exposed Howard Woodall’s perjury. Carl Verive (defendant) agreed with Woodall that Verive would go to Gavin’s house and beat him up in an attempt to dissuade him from being a witness in Woodall’s trial. Verive did in fact go to Gavin’s house and beat him up, saying that he was sent by Woodall. Verive was charged and convicted of conspiracy to dissuade a witness and attempt to dissuade a witness. Verive appealed on the grounds that he should not be held criminally liable for both conspiracy and attempt based on his one criminal act.