Lincoln Peaslee (defendant) made plans to burn down a building and to defraud its insurers. He collected and prepared combustibles so that only the lighting of the combustibles remained. Peaslee solicited an employee of his to light the fire. The employee refused. At a later time, Peaslee and the employee were driving toward the building. When they were about a quarter of a mile away from the building, Peaslee decided not to go through with the plan and drove away. Peaslee was indicted for the attempted burning of the building. Peaslee brought a motion to quash the indictment and requested a directed verdict in his favor.