Stewart v. State
Nevada Supreme Court
455 P.2d 914 (1969)
Relevant factsFree
Ernest Stewart (defendant) pointed a gun at service-station operator Marvin Luedtke and demanded, then received, Luedtke's wallet; when police arrived, Stewart told Luedtke to pretend he was buying oil, hid the gun in a desk drawer, and tried to leave, but was immediately arrested. Convicted of attempted robbery, Stewart appealed, arguing he abandoned his criminal intent by putting down the gun and attempting to leave before actually taking anything of significant value.
IssueFree
Whether a defendant can claim he abandoned his intent to commit a crime once he forms the intent to commit the crime and takes overt acts toward the commission of the crime.