Commonwealth v. Bell

The Commonwealth asserts, and the majority accepts, the proposition that Nevada and Massachusetts have established similar standards to prove criminal attempt, and therefore that the two States have established a “like violation.” It is axiomatic, however, that before one can claim the existence of an out-of-State “like violation,” one must first establish the existence of a violation in the Commonwealth. Where, as here, an individual can be convicted of criminal attempt in Nevada for conduct that, if charges were brought, would require acquittal in Massachusetts, there is a fundamental…