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Moffett v. State

Nevada Supreme Court

618 P.2d 1223 (1980)

Relevant factsFree

Deanna Moffett (defendant) and a 14-year-old accomplice broke into Linda Exner's apartment, tied her up while holding a knife to her throat, then had Moffett untie Exner's hands and force her to copy out, in her own handwriting, a 'suicide note' Moffett had prepared days in advance, telling Exner she would be made to take pills. Exner managed to write only about a line before struggling free and escaping; police later found a bottle of sleeping pills, knives, rope, and the note in the apartment, and pathology testimony established the pills could have been lethal at a high dose. Moffett was convicted of attempted murder and burglary and appealed, arguing the evidence showed only mere preparation, not an attempt.

IssueFree

Whether a conviction for attempted murder in Nevada requires proof of a direct act toward furthering the crime, taken after preparations for the crime have already been made.

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