
Kansas v. Gobin
Kansas Supreme Court
216 Kan. 278 (1975)
Gobin and a companion, Gerald Smith, drove to Everett Webb's pig farm near Jetmore, Kansas. Webb discovered them parked in a pickup truck fitted with stock racks near his farrowing houses and fattening pens; when he approached, the truck sped off. Webb pursued it for three miles, obtained its license number, and reported the incident to the sheriff, who traced the truck to Smith. The sheriff intercepted the pickup at an intersection leading toward Dodge City; Gobin was its sole occupant. Both Gobin and Smith were taken into custody in Jetmore and charged with attempting to exert unauthorized control over Webb's swine, an attempted felony theft.
Whether the overt-act element of a criminal attempt requires proof of an act beyond mere preparation to commit the crime.