Jones v. State

Jones was indicted and charged with the offense of rape. He was convicted of an attempt to commit a felony and his punishment was fixed at not more than two years’ confinement in the penitentiary. T.C.A. Sec. 39-603. After the hearing on motion for new trial, the trial court fixed his confinement to the workhouse rather than the penitentiary. He has seasonably perfected his ap peal, briefs have been filed and able arguments heard. We now have the matter for determination.

This appeal presents the single question that one cannot be convicted of an attempt when he has completed the act. This…