Legal Opinion

State v. Wilson

Supreme Court of Connecticut

Decided February 15, 1862PublishedCited by 66 opinions

Information against the defendants for attempting to steal from the person, and for an assault with intent so to steal; tried in the superior court before Waldo, J. The information was as follows:— “ Richard D. Hubbard, attorney for the state within and for said county, presents.and informs that heretofore, to wit, on the 4th day of September, 1861, at Hartford in said county, George Wilson andf William Marsh, transient persons, with force and arms, feloniously did attempt…

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Information against the defendants for attempting to steal from the person, and for an assault with intent so to steal; tried in the superior court before Waldo, J. The information was as follows:— “ Richard D. Hubbard, attorney for the state within and for said county, presents.and informs that heretofore, to wit, on the 4th day of September, 1861, at Hartford in said county, George Wilson andf William Marsh, transient persons, with force and arms, feloniously did attempt to steal, take and carry away, from the person of a woman, whose name and a further description of whom is to said…

1Opinion of the CourtButler, J.

We are all satisfied, upon a careful consideration of the case, that this verdict and judgment should stand.

It may well be doubted whetherthe first count of the information is sufficient. A mere intent to commit a crime, which exists in the mind only, and has not induced and characterized an act, is not a punishable offense; and therefore an “ attempt ” necessarily includes the intent, and also “ an act of endeavor ” adapted and intended to effectuate the purpose; and both must be specifically alleged and proved. Although it has been said by one of the elementary writers cited, that an…

2Cases cited1 opinion

  1. Rogers v. CommonwealthSupreme Court of Pennsylvania · 1820

3Cited by66 opinions

  1. Heffernan v. City of PatersonSupreme Court of the United States · 2016
  2. State v. PinnockSupreme Court of Connecticut · 1992
  3. People v. . GardnerNew York Court of Appeals · 1894
  4. People v. JaffeNew York Court of Appeals · 1906
  5. People v. . MoranNew York Court of Appeals · 1890

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