State v. Reinoehl

The substance of appellant's attack, on rehearing, of the opinion is that Section 18-2808, I.C. simply defines an attempt and does not mean what it says, "unsuccessful attempt," and that there is no difference between an "attempt" and an "unsuccessful attempt," and dismisses the presence of the word "unsuccessful" in the statute as surplusage and its effect disregarded.

Of course, where the whole context of a statute or the clearly disclosed legislative intent requires, words may be disregarded as surplusage or interpolated and meanings changed or harmonized; but if a statute is not ambiguous,…