People v. Staples
California Court of Appeal
6 Cal. App. 3d 61 (1970)
Relevant factsFree
Staples (defendant) rented an office he knew sat directly above a bank vault, brought in drilling tools and a blow torch, and drilled holes partway through the floor toward the vault before stopping. He made several more visits but never finished, and only after the landlord discovered his tools and alerted police did Staples say he had begun having doubts. He was charged with attempted burglary, and the trial court ruled his abandonment did not count as a defense because it was triggered by getting caught, not by a genuine change of heart, before he was caught.
IssueFree
Whether a defendant whose acts constitute an attempt, rather than mere preparation, can raise abandonment as a defense.