People v. Kimball 311 N.W. 2d 343 (1981)
- Introduction
- Kimball's actions to attempt to commit a crime
- Michigan law
- Young v. State 493 A.2d 352 (1985)
- Terry v. Ohio, 392 U.S. 1 (1968)
- Conclusion
This trial is about defendant James Kimball, a Sutton Bay, Michigan resident. He was charged with attempted unarmed robbery and sentenced to a 3 to 5 year term he appealed by leave, which was awarded. The case relates to an argument held at a local party store on May 21st, 1979. Kimball met up with a friend named Sandra Storey, where they proceeded to ingest alcoholic products, and some sort of pills.
[...] The court finds that Young did indeed have intent, and took enough procedural actions to support his intent to rob the bank. The court cites the penal code 5.01 for its decision. They declared that this code does not include failing to commit a crime as one of the essential elements of an attempt. They have established in this case that there is necessity for a ‘substantial step’ in deciphering whether or not there was more than just mere preparation of a crime, as outlined in People v. [...]
[...] Kimball 311 N.W. 2d 343 (1981). No concurring or dissenting opinions. TERRY v. OHIO U.S (1968) A policeman named McFadden, from Cleveland, Ohio, had been making his ritual beat. He observed a total of two men going back and forth in front of store, perusing through the window. They did this a total of twenty-four times. At one point, another man had joined up with them and to McFadden, seemed like they were all conspiring to rob the store. He walked up to these men, asked them their names, which were Terry, Katz and Chilton, and proceeded to pat them all down. [...]
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