A police officer observed Percy Gibson (defendant) in a dark alley placing a ladder near the rear of a department store after midnight. The officer stopped Gibson, who stated that he was considering stealing the ladder. The officer arrested Gibson and discovered burglary tools in Gibson’s pockets, as well as in a bag nearby. The tools included a sledge hammer, bits, braces, flashlights, gloves, a rope ladder, and wire cutters. Gibson admitted that he was planning to commit a burglary but had not yet selected the building. The State of California (plaintiff) charged Gibson with attempted burglary, and a jury convicted him. Gibson appealed.