The accused had repeatedly threatened to kill one Albert Jeans. Subsequently the accused, armed with a rifle, was seen to approach a number of men among whom was Jeans working in a field. The workmen saw him pause, apparently load the rifle, and proceed toward Jeans. When about two hundred yards from Jeans, he was intercepted by one of the workmen who took the rifle from him, the accused offering no resistance. The rifle was found to be loaded. The court held that there was sufficient evidence of overt acts on the part of the defendant to constitute an attempt to murder Albert Jeans, as distinguished from mere preparation therefore. People v. Miller, (Cal. App. 1934) 35 Pac. (2d) 549.

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