Brief Fact Summary. No facts are addressed in the opinion excerpted.
Synopsis of Rule of Law. While it is clear that the crime of attempt requires more than mere preparation, the distinction between preparation and attempt is not clear. A “frequently approved” test is that attempt requires some “appreciable fragment” of the crime be committed.
To be guilty of an attempt, the defendant (1) must have been acting with the kind of culpability otherwise required for the commission of the crime which he is charged with attempting, and (2) must have engaged in conduct which constitutes a substantial step toward commission of the crime.View Full Point of Law
Issue. What activity causes mere preparation for a crime to rise to the offense of attempt?
Held. The Court notes the “frequently approved” test that “Preparation alone is not enough, there must be some appreciable fragment of the crime committed, it must be in such progress that it will be consummated unless interrupted by circumstances independent of the will of the attempter, and the act must not be equivocal in nature.”
Discussion. The Court has not set forth the specific acts that cause preparation to rise to the level of the crime of attempt, but the Court approves of a specific test, which provides that the unequivocal act of the attempter must be such that the crime will be committed if not interrupted by forces independent of the will of the attempter.