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Moffett v State
S. Ct. Nevada, 1980
Author:- Sam
Biers
Facts: While the victim was asleep, Df and a 14 yr old began to tie her up in her apartment. The 14 yr old held a knife to the victim’s throat. Df threatened victim to entice her to write a “suicide note,” reflecting the form Df produced beforehand. Df claimed she would provide the victim with some sleeping pills (48hrs). The victim escaped after a struggle. Df was later apprehended. Police found pills, bottle of wine, knife, pills, rope and the note.
Issue: Whether the evidence sufficiently indicates that the Df attempted to commit murder?
Holding: Yes
Procedure: Found guilty of attempted murder, burglary, Df appeals. Affirmed.
Rule: Intent to commit a crime; performance of some act towards its commission; failure to consummate its commission. Attempt is the direct movement toward the commission after the preparations are made, but ineffectual.
Ct Rationale: Df’s testimony showed she obtained the keys to victim’s apartment w/o victim’s knowledge. She made a list of items she was taking. She wrote a suicide note beforehand, tied the victim’s hands up, dictated the note to the victim, and she testified that she planned the incident two days prior. Df acquired the necessary materials prior, entered the apartment, exercised control over the victim in accordance with her plan. Df took sufficient steps beyond mere preparation.
PL A: The Df testified to devising and arranging the means necessary for the offense and took substantial steps toward that end.
Def A: No evidence presented established the performance of an act, beyond preparation, toward the commission of murder.