## Facts

- Around 12:30 a.m., a Burbank police officer saw Gibson in a dark alley behind a department store carrying a 14-foot wooden ladder, which he placed by a rear fence.
- Gibson stood, looked upward, and walked along the building as if surveying the premises; after he proceeded about 120 feet, the officer ordered him to halt.
- Gibson told the officer he was considering whether he could use the ladder at home and that he “might steal it.”
- The officer observed Gibson wearing brown cotton gloves and arrested him.
- After taking Gibson to the station, the officer returned to the alley and found a burlap sack containing burglary-related equipment, including an eight-pound sledgehammer, bits, braces, flashlights, gloves, and a rope ladder (about 30 feet).
- Officers found on Gibson two flashlights, wire cutters, and a coil of small copper wire.
- Using keys taken from Gibson, police located his car about two blocks away; it was registered to his wife.
- At the station, Gibson stated he was preparing to commit a burglary, had not yet selected a specific building or entry point, and planned to get on a roof and identify a promising location.
- The trial court (bench trial) convicted Gibson of attempted second-degree burglary.

## Issues

1. Whether the evidence showed an overt act sufficient for attempted burglary, rather than mere preparation.
2. Whether Gibson’s admissions were improperly admitted absent independent proof of the corpus delicti of attempted burglary.

## Decision

- The Court of Appeal affirmed the judgment of conviction.
- The court held the evidence supported a finding that Gibson’s acts went beyond preparation and constituted an attempt.
- The court held there was no error admitting Gibson’s admissions because the prosecution made a sufficient prima facie showing of corpus delicti through independent circumstances.

## Legal Principles

- Criminal attempt may be established by overt acts that go beyond preparation; completion of the final or “last proximate” act is not required.
- Intent and attempt may be proved by circumstantial evidence, including time, place, possession of specialized tools, and conduct consistent with planned unlawful entry.
- Under California’s corpus delicti rule, a defendant’s admissions may be received once the prosecution presents a prima facie (slight) showing, independent of the admissions, that a crime occurred; corpus delicti may be shown by circumstantial evidence.

## Conclusion

The court upheld Gibson’s attempted burglary conviction because his late-night reconnaissance behind a store with a ladder and burglary equipment constituted overt acts toward burglary, and the surrounding circumstances provided sufficient independent evidence of a criminal attempt to permit consideration of his admissions.


People v. Gibson, 94 Cal. App. 2d 468, 210 P.2d 747 (Cal. Ct. App. 1949)