People v. Murray
Seal of the Supreme Court of California
Supreme Court of California
Decided 1859
Full case nameThe People v. Murray
Citation(s)14 Cal. 159
Holding
To charge a defendant with a crime, the defendant must have made an attempt to commit the crime itself; acts performed in preparation of the crime are not sufficient. Judgement reversed.
Court membership
Chief JusticeStephen Johnson Field
Associate JusticesJoseph G. Baldwin, Warner Cope
Case opinions
MajorityField, joined by Baldwin, Cope

People v. Murray, Supreme Court of California, 14 Cal. 159 (1859), is a criminal case that distinguished between preparation and attempt.[1]: 681–2  The court held that when a defendant acts in preparation to commit a crime, in order for these acts to be an attempt, and not mere preparation, the acts must be a final step that would consummate the crime, but for intervention by forces outside the control of the defendant.[1]: 681–2  Murray was charged with attempt to incestuously marry his niece.[1]: 681–2 Murray declared an intention to marry his cousin, then made many numerous preparations to do so, including eloping with his niece, and requesting a witness to go to the magistrate wedding officer to perform the ceremony.[1]: 681–2 

The court found these were merely "preparatory to the marriage; but until the officer was engaged, and the parties stood before him, ready to take the vows... it cannot be said, in strictness, that the attempt was made. The attempt... must be manifested by acts which would end in the consummation of the particular offense, but for the intervention of circumstances independent of the will of the [defendant]."[1]: 681–2 

References

  1. 1 2 3 4 5 Criminal Law - Cases and Materials, 7th ed. 2012, Wolters Kluwer Law & Business; John Kaplan, Robert Weisberg, Guyora Binder, ISBN 978-1-4548-0698-1,


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