James Kimball entered a party store after drinking vodka and taking medication. He pet the store dog and approached a cash register, demanding money from the clerk. The clerk did not take the demands seriously at first. Kimball was charged with and convicted of attempted unarmed robbery at a bench trial. The appellate court reversed the conviction, finding that while Kimball committed overt acts, there was insufficient evidence that he possessed the specific intent to commit robbery. The case was remanded for a new trial.