Commonwealth v. Peaslee, 59 N.E. 55 (Mass. 1901)

Facts: ∆ arranged combustibles in a building and prepared to light them, but turned back before lighting the fire. Charged with attempted arson.
Issue: Whether ∆'s preparatory acts satisfied the actus reus of attempt.
Rule: For attempt, ∆'s conduct must come very near to the accomplishment of the crime—mere preparation is not enough.
Analysis: Justice Holmes: the act must be proximate, not remote. ∆'s acts here were preparatory; he had not committed the last act necessary, nor approached the act so closely that interruption would have been the only barrier.
Judgment: Conviction reversed (on the indictment as charged).

Reading: pp. 262–67. Takeaway: police should not have to wait until very near the consummation of the crime to act, but mere preparation is also insufficient. See Ch. 6—Attempt.