ISSUE:
Whether from the facts of the case it could be inferred beyond a reasonable doubt that the respondents had attempted to export the silver in contravention of the law?
RULE:
In order to constitute 'an attempt', first, there must be an intention to commit a particular offense, second, some act must have been done which would necessarily have to be done towards the commission of the offense, and, third, such act must be 'proximate' to the intended result. The measure of proximity is not in relation to time and action but in relation to intention.