Jackson v. State

The record presents the question as to the sufficiency of the indictment, The indictment charges that Andrew Jackson “did attempt to feloniously take and carry away,” &c. Mr. Wharton seems to hold, that at common law, or in the absence of statutory provision, in an “indictment for an attempt to commit a crime, it is essential to aver that the defendant did some act, to be averred, which, directed by a particular intent, would have apparently resulted, in the ordinary course of things, in a particular crime.” — Wharton’s Crim. Law, § 192. He further holds, that it is in the power of the…