People v. Gibson - 94 Cal. App. 2d 468, 210 P.2d 747 (1949)

Rule:

Slight acts in furtherance of a criminal purpose are sufficient proof of one's attempt to accomplish his design. They are sufficient when they constitute a direct movement towards the consummation which was prevented by an agency inhibitive of the offense.

Facts:

Defendant Percy H. Gibson was found prowling outside a department store at night with a 14-foot wooden ladder. A police officer witnessed defendant’s prowler’s movements, as defendant stood in the beam of the officer's flashlight, he stated that he was considering whether he could use the ladder at his home and that he might steal it. After arresting him, a police officer returned to the scene and found a bag full of various tools and burglars’ equipment. The police officer also took possession of the keys to defendant’s automobile which was found two blocks east of the department store. It was registered in the name of defendant’s wife. At the station, defendant spoke freely, saying that he was fixing to commit a burglary. The court convicted defendant with attempted burglary of the second degree. Defendant argued that the evidence was insufficient to sustain the conviction.  

Issue:

Was the conviction of the defendant proper?

Answer:

Yes.

Conclusion:

The court affirmed the conviction and held that the trial court was warranted in finding that defendant's late night, solitary drive from his city to the city where the store was located and his appearance at the rear of a department store would have resulted in a burglary but for the rude gun, the flashlight, and halt command of the police officer. Since the admissions of defendant were competent proof of his intent to commit a burglary, his guilt of an attempt to do so was established beyond a reasonable doubt.