| Court: | California Court of Appeals |
| Facts: | Miller was arrested after walking towards Jeans with a rifle. He had threatened Jeans, and at one point he appeared to be loading the rifle. But then he walked over to the Ginochio, who was the constable, and gave him the gun. There was much swearing. |
| Posture: | Guily at trial. Motion for a new trial denied, appeals on sufficiency of the evidence, and jury instructions. |
| Issue: | What has to be found in order to have an attempt? |
| Holding: | Reversed. No attempt was proved here. |
| Rule: | In order to have an attempt, you need intent to commit the crime, plus a direct ineffectual act done towards its commission. Mere intent and/or preparation are not sufficient. The line is drawn where preparation leaves off and execution begins. |
| Reasoning: | We can't tell whether he was there to kill Jeans or to demand his arrest. |
| Dicta: | |