Tharpe v. State

The defendant was indicted on a charge of transporting prohibited liquors in quantities of more than five gallons. On the trial the court charged the jury that included in the indictment was a charge of an attempt, and if the jury believed from the evidence that the defendant did not transport the liquor, but that he unlawfully attempted to do so, and if they were so convinced from the evidence beyond a reasonable doubt, they should so find. There was a verdict finding the defendant guilty of an attempt, and judgment was rendered accordingly.

An attempt within the meaning of the criminal law…