R and B went to store and it was locked. Manager told them it was closed. He saw a gun called the police. Found them later with masks and guns nearby
Can acts that are only equivocal proof of the AR, proof of the AR for an attempt in the absence of unequivocal evidence of an attempt?
In the absence of proof of MR an equivocal act does not satisfy the AR
**Use proximity theory – but it is legitimate to use the evidence of intent to show that the attempt had been made out
There was no clear evidence of intent – not convicted