Gun Purchase Falls Short
Karen Keller buys bullets at a store and drives toward the victim's house. She stops short of any overt act placing the gun in firing position. The conduct remains mere preparation and does not satisfy the proximity test.
Also known as: kopen · koopt · kocht · gekocht · sale · purchase · koopcontract
Written by attorneys · grounded in primary & secondary sources — see below
A proximity requirement in criminal attempt doctrine under which conduct must approach completion of the target offense. Preparation alone falls short of the standard.
Select any source to read its text and confirm it supports the definition.
Karen Keller buys bullets at a store and drives toward the victim's house. She stops short of any overt act placing the gun in firing position. The conduct remains mere preparation and does not satisfy the proximity test.
Kwame Kofi contracts to sell land to Khalil Kabir. A recorded lien remains on the property at closing. Kabir refuses to close because the title is not free from reasonable doubt.
Kestrel Aviation's trustee sells trust property to a company he controls. A beneficiary learns of the conflict and elects to void the sale because no court approval or trust term authorized it.
Kinetic Motors purchases insurance covering a partner against claims arising from partnership duties. The policy remains valid even though the partnership agreement cannot eliminate the partner's liability to the firm.
Kenneth King serves as personal representative and sells estate property to his spouse. An interested heir who received no disclosure voids the sale because the transaction involved a substantial conflict.
Kava Pharmaceuticals acquires real property at a private sale. The board authorizes the purchase under the corporation's statutory power to own and deal in any legal interest in property wherever located.
The defendant's overt act must come dangerously close to completing the offense. Pointing a loaded gun and pulling the trigger satisfies the test while buying bullets or driving to the scene does not.
Supporting sources
A buyer may refuse when title is unmarketable, meaning it is not free from reasonable doubt that a prudent purchaser would accept. Recorded liens or gaps in the chain of title render title unmarketable unless cured or waived.
…v. California, 361 U. S. 147, we held indispensable to a valid conviction of a bookseller for possessing obscene writings for sale. We said: "For if the bookseller is criminally liable without knowledge of the contents, . . . he will tend to restrict the books he sells to those he has inspected; and thus the State…
…located outside the State of Washington. Appellant has no office in Washington and makes no contracts either for sale or purchase
…enjoyed a tax exemption,[^maj-19] remained suitable for its present and future uses, and was not the subject of a contract of sale
…guarantees. And it concerns a law which, in forbidding the use of contraceptives rather than regulating their manufacture or sale, seeks to achieve its goals by means having a maximum destructive impact upon that relationship. Such a law cannot stand in light of the familiar principle, so often applied by this Court,…
…established amounts may be disapproved by resolution of either House;) (proposed award by President of individual contracts for
Supporting sources
A transaction between the trustee's personal account and the trust is voidable by an affected beneficiary unless authorized by the trust terms, approved by the court, or otherwise excepted under the statute.
Supporting sources
Yes. The partnership may purchase and maintain such insurance even when the partnership agreement cannot eliminate or limit the partner's liability to the partnership.
Supporting sources
The sale is voidable by an interested person who did not consent after fair disclosure unless the will or a contract authorized it or the court approved the transaction after notice.
Supporting sources
A corporation may purchase, receive, lease, or otherwise acquire and own, hold, improve, use, and deal with real or personal property or any legal or equitable interest in property wherever located.
Supporting sources