This section contains the nature of the case and procedural background.

Stewart (D) approached Luedtke with a gun and demanded all of his money. Luedtke produced the money in his wallet and told D that the gas station money was in a safe. Several policemen entered the station and D told Luedtke to pretend he was selling them some oil. D then placed the gun in Luedtke's desk and attempted to escape. D was convicted of attempted robbery. D appealed: the abandonment of the gun destroyed his intent to commit robbery.

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