666 (1892), is a case in which the defendant claimed the "impossibility" defense to charges of assault, on the basis of a mistake in fact.

[1] The ultimate issue in this case is whether the defendant's actions and intent warrant criminal sanctions even though he failed to achieve a criminal act because the act itself was factually impossible to commit.

[1] The California Supreme Court stated that the exact location of the policeman, as long as he was is in range of being shot by the defendant "does not go to the question of present ability.

"[4] Since the defendant had the intention and present ability to commit the assault, the fact that he was mistaken as to the location of the intended victim affords no defense for his act.

[1][5] This is one of the first in a series of cases that imposed liability for an attempted felony even though the crime was impossible to commit because the defendant was mistaken in fact.