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Commonwealth v. Peaslee

Supreme Judicial Court of Massachusetts

59 N.E. 55 (1901)

Relevant factsFree

Peaslee (defendant) prepared combustibles inside a building to burn it down for insurance fraud, and later, while driving toward the building with an employee he had unsuccessfully solicited to light the fire, changed his mind about a quarter mile away and drove off; he was indicted for attempted arson and moved to quash the indictment and for a directed verdict.

IssueFree

Whether, to be found guilty of attempt, a defendant must have a present intent to commit the crime in the near future and must have the intent at a time and place where he is able to carry it out.

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