In June 20, 2002, Jonathan Daughtrey saw two men standing and talking by the back outside corner of the BB&T Bank in Holland, Virginia. The men were later identified as Williams and Cooper. Several minutes later, he viewed them walking toward the bank entrance with bandanas over their faces. Williams was holding a knapsack with his hand inside. As Williams and Cooper walked toward the bank entrance, they made eye contact with Daughtrey. The two then pulled their masks off and Williams removed his hand from the bag and threw the bag across his back. Williams and Cooper continued walking toward the bank entrance, paused at the entrance, and then walked down the street. Daughtrey telephoned the police and the two were arrested. A handgun, two bandanas, latex gloves, a knapsack, and a BB&T Bank brochure were found under the passenger seat. The defendants admit that they possessed the intent to commit the crime, but argued that they did not satisfy the actus reus of attempt.

Are the defendants guilty of an attempted bank robbery? Explain your answer according to what you know about attempt crimes. Did the defendant commit the actus reas of attempted robbery?

After posting your answer, read my first post to see what the court said. Then respond to my post. Did your answer agree with the court’s opinion? Why or why not?