Moffett v. State case brief

Moffett v. State case brief summary
618 P.2d 1223 (1980)

CASE SYNOPSIS

Defendant appealed judgments of conviction from the Eighth Judicial District Court, Clark County (Nevada), convicting her of attempted murder and burglary.

CASE FACTS
Defendant argued that there was insufficient evidence to support the attempted murder conviction because it did not establish the performance of some act, beyond mere preparation, toward the commission of murder.

DISCUSSION

• The court affirmed. 
• The evidence, including defendant's own testimony, showed that she obtained the keys to the victim's apartment. 
• She wrote a suicide note that she wanted the victim to sign. 
• Defendant entered the victim's apartment, tied her up, and began to dictate the suicide note that she wanted the victim to sign. 
• Defendant told the victim that she was going to give her sleeping pills to make her sleep for 48 hours. 
• A physician testified that a high dosage of the pills would have been fatal. 
• The court found that if the victim had not been able to escape, defendant would have killed her. 
• Under Nev. Rev. Stat. § 208.708, an act with intent to commit a crime, but failing to accomplish it, constituted an attempt. 
• A direct but ineffectual act was required, but actual commencement of the death producing action was not required. 
• The court held that the evidence established more than mere preparation and was sufficient to support a conviction for attempted murder.

CONCLUSION

The court affirmed defendant's convictions.

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