Legal Opinion

State v. Evans

Utah Supreme Court

Decided October 22, 1903No. 1508PublishedCited by 8 opinions

Appeal from the Third District Court, Salt Lake County. — Hon. Charles W. Morse, Judge. The defendant was convicted of the crime of an attempt to commit a felony, and appealed. Indictments and informations for attempts to commit crimes must aver the intent and the overt act constituting the attempt. Third Enc. Pleading and Practice, p. 98; State v. Frazier, 53 Kan. 87; Com. v. Cunningham, 88 Ya. 37; Com. v. Christian, 23 Grat.

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Appeal from the Third District Court, Salt Lake County. — Hon. Charles W. Morse, Judge. The defendant was convicted of the crime of an attempt to commit a felony, and appealed. Indictments and informations for attempts to commit crimes must aver the intent and the overt act constituting the attempt. Third Enc. Pleading and Practice, p. 98; State v. Frazier, 53 Kan. 87; Com. v. Cunningham, 88 Ya. 37; Com. v. Christian, 23 Grat. (Ya.) 954; State v. Wilson, 30 Conn. 500; State v. Branan, 3 Nev. 238; Whatton’s Criminal Pleading and Practice (9 Ed.), Par. 159; Thompson v. People, 96 Ill. 158;…

1Opinion of the CourtBartch, J.

The defendant was convicted of the crime of an attempt to commit a felony. Before sentence he moved the court in arrest of judgment, upon the ground that the information under which he was ■ convicted does not state facts sufficient to constitute a public offense. The court overruled the motion, and sentenced the prisoner to a term of imprisonment in the penitentiary. He then appealed to this court.

1 The appellant’s main contention is that the court erred in overruling his motion* in arrest of judgment. The information, so far as material here, reads: “That the said William Evans, on the 5th…

2Cases cited5 opinions

  1. Lewis v. StateSupreme Court of Alabama · 1860
  2. Jackson v. StateSupreme Court of Alabama · 1890
  3. State v. WilliamsonUtah Supreme Court · 1900
  4. State v. HughesSupreme Court of Missouri · 1882
  5. Mackesey v. PeopleNew York Supreme Court · 1867

3Cited by8 opinions

  1. State v. TophamUtah Supreme Court · 1912
  2. State v. BrownMontana Supreme Court · 1909
  3. Moody v. LovellSupreme Judicial Court of Maine · 1950
  4. State v. StevensMontana Supreme Court · 1937
  5. State v. HuntsmanUtah Supreme Court · 1949

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