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Criminal Law Keyed to Weaver
State v. Workman
Citation:90 Wash. 2d 443, 584 P.2d 382 (En Banc 1978).
Workman and Hughes had been drinking and dancing with their wives most of the evening. Upon the drive home the two men devised a plan to rob a gas station. After they chose their target they parked the car in the alley behind the station and left their wives asleep in the car. They took a rifle from the car and loaded it. They took material with holes to cover their faces. They walked up to the fence behind the station and waited for a less busy time. Around 2:30 am the attendant of the station went out for a walk and saw the two men, unmasked, the attendant called the police. Workman went to the window and asked the attendant for a cigarette, without a gun or mask on, the attendant refused. An unmarked police car showed up across the station. Workman and Hughes state that they were trying to summon the courage to commit the crime. Another police car turned into the alley behind the station. The first car pulled into the station and Workman and Hughes decided not to go through with the robbery and stated they did not see the officers when they decided not to go through with it. However, the officers stopped the two men and found the masks and the loaded sawed off rifle.
At trial the instruction regarding abandonment was not given. The instruction stated an attempt had occurred if a substantial step was taken and that mere preparation did not constitute a substantial step.
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