What is the test for an attempted murder?
The following excerpt is from U.S. v. Douglas, 525 F.3d 225 (2nd Cir. 2008):
In order to establish that a defendant is guilty of an attempt to commit a crime, the government must prove that the defendant had the intent to commit the crime and engaged in conduct amounting to a "substantial step" towards the commission of the crime. . . . For a defendant to have taken a substantial step, he must have engaged in more than mere preparation, but may have stopped short of the last act necessary for the actual commission of the substantive crime.
United States v. Yousef, 327 F.3d 56, 134 (2d Cir.) (discussing 18 U.S.C. 32(a)(1),
[525 F.3d 250]
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