## Facts

- Murray was charged with attempting to contract an incestuous marriage with his niece, an offense under then-existing California law.
- He expressed an intent to marry her and eloped with her.
- He took steps toward arranging a marriage ceremony, including sending someone to procure a magistrate or other authorized officer.
- No officiant had yet been secured, and Murray and his niece had not appeared before an officer to exchange vows.
- The prosecution treated these actions as sufficient to constitute an attempt to commit the substantive offense.

## Issues

1. Whether Murray’s conduct—eloping with his niece and attempting to arrange an officiant, without yet presenting themselves for a ceremony—constituted a criminal attempt or only noncriminal preparation.
2. What standard separates “mere preparation” from an “attempt” for purposes of attempt liability.

## Decision

- The California Supreme Court reversed the conviction.
- The court held that Murray’s acts were merely preparatory and did not amount to an attempt.
- The court required an act that directly tends toward completion—conduct that would result in consummation of the offense but for an interruption independent of the defendant’s will.
- Because the parties had not yet engaged an officer and stood before the officer ready to take vows, the required proximity to completion was not met.

## Legal Principles

- Attempt liability requires more than intent and preparatory conduct; it requires a direct movement toward commission after preparations are made.
- Acts qualify as an attempt only when they would end in consummation of the offense but for intervening circumstances outside the defendant’s control.
- Under a strict proximity approach, steps such as planning, elopement, or sending for an officiant may remain preparation until the defendant is at the point of executing the criminal act itself.

## Conclusion

The court set aside Murray’s attempt conviction because his conduct, though strongly suggestive of intent and planning, did not reach the level of a direct act sufficiently near the completion of the alleged incestuous marriage; without an engaged officiant and an imminent exchange of vows, the law treated his conduct as preparation rather than attempt.


People v. Murray, 14 Cal. 159 (Cal. 1859)