United States v. Williamson
Navy-Marine Court of Criminal Appeals
42 M.J. 613 (1995)
Williamson (defendant), a sailor, argued with a superior petty officer, obtained a second knife from a shipmate in addition to one already in his pocket, and left the engine room stating he intended to "hurt" the officer. He never actually found or assaulted the officer, and the record did not establish whether he changed his mind voluntarily or was stopped or persuaded by someone else. Williamson pleaded guilty to assault by attempted battery, and the appellate court had to determine whether the factual record supported every element of that offense, including the substantial-step requirement for an attempt.
Whether the actus reus element of an attempt crime requires the perpetrator to have moved beyond mere preparation and taken a substantial step toward committing the intended crime.