State v. Rooney

The opinion of the court was delivered by

Johnston, C. J.:

Hugh Rooney, who was convicted of an attempt to manufacture intoxicating liquors, appeals from the judgment.

His principal complaint is that he was not charged with an attempt to commit an offense, but was convicted upon an information charging him with having committed the completed offense of manufacturing intoxicating liquors. He insists that an attempt to commit a crime is not a degree of an offense, and that the accused cannot be convicted of an attempt unless it is specifically charged in the information. The statute provides that:

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