ATTEMPT--DEGREE OF PERFORMANCE REQUIRED.

This article reports that in People v. Lombard (California 1933) 21 P. (2d) 955, the defendants, Lombard and Snyder, were convicted of an attempt to kidnap for the purpose of extortion. Dow, a feigned accomplice in the transaction, had informed the police of the defendants' intentions to kidnap someone in the city of Redlands. As the car neared San Bernardino on the return trip, the police recovered scraps of paper which had been thrown from the defendants' car. The scraps proved to be an extortion note written by Lombard. Some few minutes thereafter, the arrest was made. In the car, which was owned by the informer Dow, were found a ball of twine, two sheets, two pillow cases, and the paper pad which had been used in writing the extortion note. At the trial Dow's testimony revealed the details of the kidnapping plans. The evidence was sufficient to warrant the conviction. The courts are in substantial agreement that to constitute an attempt to commit a crime there must be an intent, followed by an overt act, or acts, tending, but failing to accomplish it.