California, United States of America
The following excerpt is from People v. Delvalle, 26 Cal.App.4th 869, 31 Cal.Rptr.2d 725 (Cal. App. 1994):
" 'It is settled that an attempt to commit a crime is compounded of two elements, viz., intent and a direct ineffectual act done toward its [26 Cal.App.4th 876] commission. It is equally well settled that there is a material difference between the preparation antecedent to an offense and the actual attempt to commit it. The preparation consists of devising or arranging the means or measures necessary for the commission of the offense, while the attempt is the direct movement toward its commission after the preparations are made. In other words, to constitute an attempt the acts of the defendant must go so far that they would result in the accomplishment of the crime unless frustrated by extraneous circumstances. [Citations.]' [Citations.]" (People v. Memro (1985) 38 Cal.3d 658, 698, 214 Cal.Rptr. 832, 700 P.2d 446.)
"[A]n attempt, as distinguished from acts preparatory to that offense, requires 'some appreciable fragment of the crime ... accomplished.' [Citations.] However, '[a]n overt act need not be the ultimate step toward the consummation of the design; it is sufficient if it is the first or some subsequent act directed towards that end after the preparations are made.' [Citations.]" (People v.
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Further, " '[w]henever the design of a person to commit a crime is clearly shown, slight acts done in furtherance of that design will constitute an attempt, and the courts should not destroy the practical and common-sense administration of the law with subtleties as to what constitutes preparation and what constitutes an act done toward the commission of a crime.' [Citations.]" (People v. Memro, supra, 38 Cal.3d at p. 698, 214 Cal.Rptr. 832, 700 P.2d 446; People v. Dillon (1983) 34 Cal.3d 441, 455, 194 Cal.Rptr. 390, 668 P.2d 697.)
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