Jim watched a liquor store furtively for some time, planning to hold it up. He bought a realistic-looking toy gun for the job. One night, just before the store's closing time, he drove to the store, opened the front door, and entered. He reached into his pocket for the toy gun, but he became frightened and began to move back toward the front door. However, the shopkeeper had seen the butt of the gun. Fearing a holdup, the shopkeeper produced a gun from under the counter, pointed it at Jim, and yelled, "Stop!" Jim ran to the door and the toy gun fell from his pocket. The shopkeeper fired. The shot missed Jim, but struck and killed a passerby outside the store A statute in the jurisdiction defines burglary as "breaking and entering any building or structure with the intent to commit a felony or to steal therein." On a charge of burglary, Jim's best defense would be that
the intent required was not present. the liquor store was open to the public. he had a change of heart and withdrew before committing any crime inside the store. he was unsuccessful, and so at most could be guilty of attempted burglary